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United States · Illinois civil appeals

When may an Illinois reviewing-court mandate issue?

Absent a different order, the reviewing clerk may transmit the mandate no earlier than thirty-five days after judgment entry. Timely rehearing stays it until disposition unless ordered otherwise. After denial, the ordinary earliest boundary is thirty-five days from denial entry. Supreme Court review and court orders can further stay or change issuance. An earliest boundary is not the actual issuance date.

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Read why no date is calculated
Period
An earliest ordinary thirty-five-day transmission boundary, with separate stays and order exceptions
Trigger
Actual judgment or rehearing-denial entry, timely review filings and controlling court orders
Rule
Illinois Supreme Court Rule 368(a)–(c)
Illinois Supreme Court Rules

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

Mandate issuance is a conditional clerk act with an earliest boundary, rehearing and review stays, and order exceptions. The fixed preset cannot establish a final party deadline or actual issuance date.

Illinois Supreme Court Rule 368(a)–(c)

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What starts this Illinois appellate period?

Obtain the actual reviewing-court judgment entry and any mandate direction.

Establish timely rehearing and its actual disposition, including any order modifying the stay.

Check actual Supreme Court filings, injunction status and stay, recall or issuance orders.

Illinois Supreme Court Rule 368(a)–(c)

How is this Illinois appellate period counted?

  1. Obtain the actual reviewing-court judgment entry and any mandate direction.
  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. Establish the applicable earliest boundary and all stays; do not present the boundary as actual issuance.
  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

Why does this procedure need separate review?

Mandate issuance is a conditional clerk act with an earliest boundary, rehearing and review stays, and order exceptions. The fixed preset cannot establish a final party deadline or actual issuance date.

Which qualifications and court directions matter?

Timely rehearing stays the ordinary mandate
Rule 368(a) stays the mandate until disposition of a timely rehearing petition unless otherwise ordered. After denial, its ordinary earliest boundary is thirty-five days from denial entry, subject to an order shortening or enlarging that period.
A corrected opinion alone does not extend transmission time
Rule 368(a) states that a corrected opinion without a filed rehearing petition does not extend the mandate-transmission period.
The injunction and Supreme Court-review branches differ
For an appellate decision modifying or setting aside an injunction, Rule 368(b) requires a court order to stay the mandate. In other cases, an entitled party’s Supreme Court review petition filed before the mandate may issue invokes the stated automatic stay. Actual orders can provide otherwise.
The courts can stay or recall the mandate on just terms
Rule 368(c) permits the stated appellate or Supreme Court stay and recall orders during Illinois review and addresses review potentially sought in the US Supreme Court. Establish the actual order and its scope.
Illinois Supreme Court Rule 368(a)–(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 reviewing-court mandate issue?

Must the mandate issue on day thirty-five?

Rule 368(a) states an earliest ordinary boundary, not a guaranteed issuance date.

Illinois Supreme Court Rule 368(a)

Does timely rehearing matter?

It stays the mandate until disposition unless otherwise ordered. A denial has its own ordinary thirty-five-day earliest boundary.

Illinois Supreme Court Rule 368(a)

Does every Supreme Court petition automatically stay an injunction mandate?

The modified-or-set-aside injunction branch requires a court order under Rule 368(b).

Illinois Supreme Court Rule 368(b)

Official sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Illinois Supreme Court Rule 368(a)–(c)The actual actor, event and specific procedural period
Illinois Supreme Court Rule 368(a)Timely rehearing stays the ordinary mandate
Illinois Supreme Court Rule 368(a)A corrected opinion alone does not extend transmission time
Illinois Supreme Court Rule 368(b)The injunction and Supreme Court-review branches differ
Illinois Supreme Court Rule 368(c)The courts can stay or recall the mandate on just terms
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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