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United States · Illinois civil appeals

When may an Illinois party oppose a certified-question application?

An adverse party may file an answer in opposition within twenty-one days after the Rule 308 application’s due date. The period uses the established due date, even if the application was filed early. The answer may include an original supplementary supporting record with additional trial-court material for consideration.

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Period
Twenty-one calendar days after the application due date for the optional opposition
Trigger
Independently established due date of the Rule 308 application
Rule
Illinois Supreme Court Rule 308(c)
Illinois Supreme Court Rules

Current official individual rules, including Rule 9 amended May 29, 2026 and Rule 373 amended November 13, 2025

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What starts this Illinois appellate period?

Establish the later qualifying order or certification event.

Independently establish the application’s actual due date.

Identify opposition grounds and any additional necessary record material.

Illinois Supreme Court Rule 308(c)

How is this Illinois appellate period counted?

  1. Establish the later qualifying order or certification event.
  2. 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.
  3. Check statutory holidays and the proper court’s actual calendar.
  4. Complete the particular act in the proper court.

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 70/1.11

What do independently derived facts show?

Fictitious example

Fictitious facts. The Rule 308 application has an independently established due date. The established event is August 2, 2027. No additional closure or different actual order applies.

Example counting steps
StepWhat is countedDate
Established eventIndependently established due date of the Rule 308 applicationAugust 2, 2027
Applicable periodTwenty-one calendar days after the application due date for the optional oppositionMonday, August 23, 2027
Example resultMonday, August 23, 2027

Fictitious facts. The appeal classification and triggering event are independently established. No additional closure, court order or unmodeled restart is assumed.

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Which qualifications and court directions matter?

Opposition is optional
Rule 308(c) permits, rather than requires, the adverse party’s answer in opposition with additional supporting material.
Applications ordinarily proceed without oral argument
Rule 308(c) submits the application and answer without oral argument unless otherwise ordered.
The court’s decision window is conditional
Rule 308(d) addresses the Appellate Court’s decision after required filings and expiry of answer time, except for good cause. It is not another party filing period or guaranteed decision date.
An application or grant does not automatically stay the trial case
Rule 308(f) requires an actual stay order from the trial court, Appellate Court or a judge. Neither seeking nor obtaining permission alone stops proceedings.
Illinois Supreme Court Rule 308(c)
  • The calculator does not decide appealability, 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 appeal’s timetable.

What must be filed, served and preserved?

Questions about this Illinois appellate act

When may an Illinois party oppose a certified-question application?

Must the adverse party answer?

Rule 308(c) says the adverse party may file an answer.

Illinois Supreme Court Rule 308(c)

Does early application filing start my time?

The rule expressly uses its due date.

Illinois Supreme Court Rule 308(c)

Can additional trial-court material be submitted?

An original supplementary supporting record may contain the additional parts the adverse party wants considered.

Illinois Supreme Court Rule 308(c)

Official sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Illinois Supreme Court Rule 308(c)The actual actor, event and specific procedural period
Illinois Supreme Court Rule 308(c)Opposition is optional
Illinois Supreme Court Rule 308(c)Applications ordinarily proceed without oral argument
Illinois Supreme Court Rule 308(d)The court’s decision window is conditional
Illinois Supreme Court Rule 308(f)An application or grant does not automatically stay the trial case
5 ILCS 70/1.11First-day exclusion and final weekend or statutory holiday
205 ILCS 630/17Statutory 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 11Applicable filing, service, proof and effective-date requirements
Illinois Supreme Court Rule 12Applicable filing, service, proof and effective-date requirements
Illinois Supreme Court Rule 373Applicable filing, service, proof and effective-date requirements
Read the current official Illinois Supreme Court Rules

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