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.
- 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)
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?
- Establish the later qualifying order or certification event.
- 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.
- 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 70/1.11What 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | Independently established due date of the Rule 308 application | August 2, 2027 |
| Applicable period | Twenty-one calendar days after the application due date for the optional opposition | Monday, August 23, 2027 |
Fictitious facts. The appeal 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?
- 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.
- 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)
| Provision | Purpose |
|---|---|
| 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 70/1.11 | 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 |
| Illinois Supreme Court Rule 373 | Applicable filing, service, proof and effective-date requirements |