United States · Illinois civil procedure
When is an Illinois petition for direct administrative review due?
For statutory direct review in the Appellate Court, Rule 335(a) gives 35 days from service of the agency decision unless the law authorizing review specifies another period. Establish that law and the actual service event. File the required petition and name the agency and all other parties of record.
- Period
- 35-day fallback only if the authorizing law specifies no different period
- Trigger
- Actual service of the order or decision on the affected party
- Rule
- Illinois Supreme Court Rule 335(a)
Current official individual rules, including Rule 90 effective March 1, 2026 and Rule 9 amended May 29, 2026
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What starts this Illinois civil period?
Identify the actual law authorizing direct Appellate Court review and verify its timing provision.
Only if no different period is specified, establish actual service of the order on this affected party.
Identify the agency, all other parties of record and the order or part to be reviewed.
Illinois Supreme Court Rule 335(a)How is this Illinois civil period counted?
- Identify the actual law authorizing direct Appellate Court review and verify its timing provision.
- Exclude the independently established triggering day and count intermediate calendar days under 5 ILCS 70/1.11. A filing, entry, effective service or previously established due date must come from its actual record. Do not substitute one event for another.
- Check statutory holidays and the proper court’s actual calendar.
- File the petition in the proper Appellate Court using or substantially adopting the specified Article III form. Name the agency and all other parties of record. Rule 335(b) requires service on the agency and those parties in the manner prescribed by Rule 303(c), with proof. Preserve filing and service separately. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What do independently derived facts show?
Fictitious example
Fictitious facts. Direct Appellate Court review is independently authorized and its authorizing law specifies no different period. The decision was actually served. The established event is August 2, 2027. No additional local closure or different court direction is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual service of the order or decision on the affected party | August 2, 2027 |
| Applicable period | 35-day fallback only if the authorizing law specifies no different period | September 7, 2027 |
Fictitious facts. The civil procedure classification and triggering event are independently established. No additional closure, court order or unmodeled restart is assumed.
Try these dates in the calculatorWhich qualifications and court directions matter?
- The authorizing law can displace 35 days
- Rule 335(a) expressly yields when the law authorizing review specifies another period. This preset does not review every agency’s enabling law or decide whether direct review is available.
- Service and respondents remain distinct duties
- Paragraphs (a) and (b) require the identified petition form, agency and all other parties of record as respondents, and petition service on the agency and record parties. Follow the incorporated Rule 303(c) service manner and proof.
- A stay is a separate application
- Rule 335(g) ordinarily sends a stay request to the agency first. An appellate stay motion must show denial or impracticability, reasons, facts and the required supporting materials and notice. Filing review does not itself establish a stay.
- The calculator does not decide the applicable civil procedure, disputed facts, sufficiency of a filing or whether the court grants relief.
- Check the governing edition and actual orders. A current rule does not establish every historical case’s timetable.
What must be filed, served and preserved?
Questions about this Illinois civil act
When is an Illinois petition for direct administrative review due?
Is every agency decision reviewable here within 35 days?
No. Establish the actual law authorizing direct Appellate Court review and whether it specifies another period.
Illinois Supreme Court Rule 335(a)Does decision issuance replace service?
No. The fallback in paragraph (a) uses service of the order or decision on the affected party.
Illinois Supreme Court Rule 335(a)Does filing the petition automatically stay the decision?
A stay has the separate paragraph (g) procedure and court decision. Preserve an actual stay order rather than infer it from filing.
Illinois Supreme Court Rule 335(g)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 335(a) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 335(a) | The authorizing law can displace 35 days |
| Illinois Supreme Court Rule 335(a), (b) | Service and respondents remain distinct duties |
| Illinois Supreme Court Rule 335(g) | A stay is a separate application |
| 5 ILCS 70/1.11 | First-day exclusion and final weekend or statutory holiday |
| 205 ILCS 630/17 | Statutory holidays, including Pulaski Day, Good Friday and general election day |
| Illinois Supreme Court Rule 9(f) | Applicable filing, service, proof and effective-date requirements |
| Illinois Supreme Court Rule 11 | Applicable filing, service, proof and effective-date requirements |
| Illinois Supreme Court Rule 12 | Applicable filing, service, proof and effective-date requirements |