The clerk of the court, with whom the petition is filed, immediately after it is filed with him, shall present it to the court. The court shall then schedule a hearing on the sufficiency of the petition as provided in Section 5-5-1. The specified court shall ascertain and declare by the entry of an order, the sufficiency or insufficiency of the petition.
65 ILCS 5/5-5-3
Jurisdiction is vested in the circuit court to determine without a jury the sufficiency of the petition
P.A. 80-1031.
Official source: Illinois General Assembly. Reproduced from public-domain Illinois statutes; confirm against the official source for the current text. Not legal advice.