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Illinois Statutes Chapter 705. Courts § 105/27.9. Frivolous lawsuits filed by prisoners

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 27.9. Frivolous lawsuits filed by prisoners.

(a) The fees of the clerks of the circuit court shall not be waived for a petitioner who is a prisoner in an Illinois Department of Corrections facility who files a pleading, motion, or other filing which purports to be a legal document in a lawsuit seeking post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963,  1 pursuant to Section 116-3 of the Code of Criminal Procedure of 1963,  2 or in a habeas corpus action under Article X of the Code of Civil Procedure  3 and the defendant is the State, the Illinois Department of Corrections, or the Prisoner Review Board or any of their officers or employees, and the court makes a specific finding that the pleading, motion, or other filing which purports to be a legal document is frivolous.

(b) “Frivolous” means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:

(1) it lacks an arguable basis either in law or in fact;

(2) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(3) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(4) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or

(5) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.

1 725 ILCS 5/122-1 et seq.
2 725 ILCS 5/116-3.
3 735 ILCS 5/10-101 et seq.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 705. Courts § 105/27.9. Frivolous lawsuits filed by prisoners - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-705-courts/il-st-sect-705-105-27-9/

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