What Happens if New Evidence is Discovered After Trial in Illinois?

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the question, “what happens if new evidence is discovered after trial in Illinois?” We explain what to do if you discover new evidence after a court order is entered in Illinois. We discuss motions to reconsider and petitions for relief from judgment and compare and contrast the two.

For more on post-trial motions in Illinois, check out our article: Post-Trial Motions in Illinois Divorce.

What to Do if You Discover New Evidence After a Court Order is Entered in Illinois

If new evidence is discovered after trial in Illinois, the judgment may be overturned through either a motion to reconsider or a petition for relief from judgment.

Either option will require the person seeking to overturn the judgment to show:

The motion should demonstrate:

• That the new evidence would be material to case, meaning that it would change the court’s ruling; and
• That the movant was not aware of the evidence at the time of trial through no fault of his or her own.

Motions to Reconsider Based on New Evidence

Motions to reconsider may be filed within 30 days of the order in question if new evidence is discovered after trial.