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United States · Illinois civil appeals

When is an elected Illinois Rule 306 appellant brief due?

If the appellant elects to file a brief under Rule 306(c)(8), file it within thirty-five days after leave is actually granted. Alternatively the petition may stand as the brief with notice to the other parties and Appellate Court clerk by the brief due date. Additional record filing does not change this timetable.

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Period
Thirty-five calendar days after actual leave for the elected appellant brief
Trigger
Actual grant of Rule 306(c) leave to appeal
Rule
Illinois Supreme Court Rule 306(c)(8)
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?

Obtain the actual order granting Rule 306(c) leave.

Choose a brief or the petition standing as a brief with required notice.

Check actual extension orders and avoid using additional-record filing as the event.

Illinois Supreme Court Rule 306(c)(8)

How is this Illinois appellate period counted?

  1. Obtain the actual order granting Rule 306(c) leave.
  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. Rule 306(c) leave is actually granted and the appellant elects a brief under the ordinary timetable. The established event occurs on July 26, 2027. No additional closure or different order applies.

Example counting steps
StepWhat is countedDate
Established eventActual grant of Rule 306(c) leave to appealJuly 26, 2027
Applicable periodThirty-five calendar days after actual leave for the elected appellant briefMonday, August 30, 2027
Example resultMonday, August 30, 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?

A petition or answer can stand as a brief with timely notice
Rule 306(c)(8) permits the petition or answer to stand as a brief, or a brief in lieu of or in addition to it. Notify the other parties and Appellate Court clerk by the brief due date when choosing the former option.
Additional record filing does not postpone briefing
Rule 306(c)(7) permits requests for additional portions or a request or order for the circuit clerk to file the record within thirty-five days after leave is allowed. Additional record filing does not affect the Rule 306 brief timetable.
Ordinary extensions require a timely supported motion
Rule 306(c)(4) permits the reviewing court or a judge to extend the stated periods on notice and motion, with an affidavit showing good cause, filed before original or extended expiry. Obtain the actual extension order.
Later briefing requires its applicable due-date event
Rule 306(c)(8) applies Rules 341 through 343 to briefs. Establish subsequent due dates and any cross-appeal branch rather than measuring every brief from leave.
Illinois Supreme Court Rule 306(c)(8)
  • 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 is an elected Illinois Rule 306 appellant brief due?

Must the appellant always write a new brief?

The petition may stand with notice to other parties and the clerk by the brief due date.

Illinois Supreme Court Rule 306(c)(8)

Can a later additional record restart briefing?

Rule 306(c)(7) expressly excludes that effect.

Illinois Supreme Court Rule 306(c)(7)

Does ordinary record-based briefing replace actual leave?

Paragraph (c)(8) expressly uses actual grant of leave for the elected appellant brief.

Illinois Supreme Court Rule 306(c)(8)

Official sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Illinois Supreme Court Rule 306(c)(8)The actual actor, event and specific procedural period
Illinois Supreme Court Rule 306(c)(8)A petition or answer can stand as a brief with timely notice
Illinois Supreme Court Rule 306(c)(7)Additional record filing does not postpone briefing
Illinois Supreme Court Rule 306(c)(4)Ordinary extensions require a timely supported motion
Illinois Supreme Court Rule 306(c)(8), 343(a)–(b)Later briefing requires its applicable due-date event
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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