United States · Illinois civil appeals
How do Illinois rehearing answers and replies use different periods?
An answer to an Illinois rehearing petition is received only if the court requests it or grants rehearing. The opposing party then has twenty-one days from the request or grant. The petitioner has fourteen days after the answer’s due date to file a reply. These are distinct acts and events. An early answer filing does not replace its due date for the reply.
- Period
- Twenty-one days for the conditional answer and fourteen days after its due date for the reply
- Trigger
- Actual court request or rehearing grant for the answer, then the independently established answer due date for the reply
- Rule
- Illinois Supreme Court Rule 367(d)
Current official individual rules, including Rule 9 amended May 29, 2026 and Rule 373 amended November 13, 2025
Source guide · No automated date
Establish the complete Illinois appellate procedure
This combined question requires a qualifying court event and two different periods. The single twenty-one-day preset cannot establish both the answer and reply deadlines.
Illinois Supreme Court Rule 367(d)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
What starts this Illinois appellate period?
Obtain the actual court request for an answer or order granting rehearing.
Establish the answer’s actual applicable due date, including any actual directions.
Use that due date for the separate fourteen-day reply period.
Illinois Supreme Court Rule 367(d)How is this Illinois appellate period counted?
- Obtain the actual court request for an answer or order granting rehearing.
- 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. Establish each act’s actual event and do not replace the answer due date with an early filing date.
- 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 70/1.11Why does this procedure need separate review?
This combined question requires a qualifying court event and two different periods. The single twenty-one-day preset cannot establish both the answer and reply deadlines.
Which qualifications and court directions matter?
- An unsolicited answer is not received
- Rule 367(d) requires a court request or grant of rehearing before an answer is received. It also prohibits a substantive relief change on denial without an answer request.
- Reply timing uses the answer’s due date
- The reply period is fourteen days after the answer’s due date. Establish that actual deadline rather than using the answer’s early filing or the original request date.
- Length and compliance requirements differ
- Absent authorization, the answer is limited to twenty-seven pages or 8,100 words and the reply to ten pages or 3,000 words. Each requires a Rule 341(c) compliance certificate. Rule 367(c) incorporates brief form and service, including duplicate paper copies if required.
- Further rehearing and argument are limited
- The existing briefs and rehearing papers stand as briefs on rehearing. Oral argument requires the court’s own order. Rule 367(e) bars another appellate-court rehearing petition after judgment on rehearing.
- 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
How do Illinois rehearing answers and replies use different periods?
May I file an answer as soon as the petition is filed?
An answer is received only if requested by the court or if rehearing is granted.
Illinois Supreme Court Rule 367(d)Does the reply run from actual answer filing?
No. The rule uses fourteen days after the answer’s due date.
Illinois Supreme Court Rule 367(d)Are the answer and reply both twenty-one days?
The answer uses twenty-one days from the qualifying court event. The reply uses fourteen days after the answer’s due date.
Illinois Supreme Court Rule 367(d)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 367(d) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 367(d) | An unsolicited answer is not received |
| Illinois Supreme Court Rule 367(d) | Reply timing uses the answer’s due date |
| Illinois Supreme Court Rule 367(c)–(d) | Length and compliance requirements differ |
| Illinois Supreme Court Rule 367(d)–(e) | Further rehearing and argument are limited |
| 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 |