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Case Law Update: UPS and the Mailbox Rule

Baca v. Trejo, No. 2-08-0113, (2-4-09) ruled that after the plaintiff obtained default judgment against defendant, trial court correctly ruled that 2-1301 motion to vacate judgment consigned to UPS on 30th day after entry of judgment was not timely filed. Mailbox rule presumption of service applies only to documents consigned to USPS. Further, since motion to vacate was not timely, notice of appeal filed thereafter must also be dismissed. This case will impact Illinois lawyers.