Motion to Vacate

1.	A Relief from judgment more than 30 days after entry of the judgment may be sought by filing a petition pursuant to Section 2-401 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-1401. The petition for relief from judgment must be filed within two years of entry of the judgment or order. 735 ILCS 5/2-1401(c). A Section 2-1401 petition must allege a meritorious defense or claim, due diligence in presenting the defense or claim, and due diligence in filing the petition. Smith v. Airoom, Inc., 114 Ill.2d 209, 220-21, 102 Ill. Dec. 368, 499 N.E.2d 1381 (1986). The purpose of Section 2-1401 is to bring before the trial court matters that, if known to the court when the final order was entered, would have prevented the entry of the order. Johnson v. Valspar Corp., 251 Ill. App. 3d 564 (2nd Dist. 1993).
2.	Relief under Section 2-1401 is predicated upon proof, by a preponderance of evidence, of a defense or claim that would have precluded the entry of the judgment in the original action and diligence in both discovering the defense or claim and presenting the petition. Smith, 114 Ill.2d at 209. Due diligence requires the petitioner to show a reasonable excuse for failing to act within the appropriate time. Smith, 114 Ill.2d at 222. The petitioner must show that its failure to defend was the result of an excusable mistake and that under the circumstances it acted reasonably, and not negligently, when it failed to initially resist the judgment.