United States · Illinois civil appeals
When may an Illinois party petition a reviewing court for rehearing?
A reviewing-court rehearing petition may be filed within twenty-one days after actual judgment filing, unless the court or a judge changes time. Extensions require the most extreme and compelling circumstances. The petition identifies overlooked or misapprehended points with record, brief and authority references. It must not simply reargue the case.
- Period
- Twenty-one calendar days after actual judgment filing, absent a different actual order
- Trigger
- Actual filing of the reviewing court judgment eligible for the first applicable rehearing petition
- Rule
- Illinois Supreme Court Rule 367(a)
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 actual reviewing-court judgment filing rather than service or notice.
Identify the overlooked or misapprehended points and precise record and brief references.
Check prior rehearing disposition and actual orders changing time.
Illinois Supreme Court Rule 367(a)How is this Illinois appellate period counted?
- Obtain actual reviewing-court judgment filing rather than service or notice.
- 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 eligible reviewing-court judgment is actually filed without a different time order. The established event is August 2, 2027. No additional closure or different actual order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual filing of the reviewing court judgment eligible for the first applicable rehearing petition | August 2, 2027 |
| Applicable period | Twenty-one calendar days after actual judgment filing, absent a different actual order | 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?
- A petition addresses overlooked or misunderstood points
- Rule 367(b) requires concise points, proper references to the record and brief, and authorities and argument. It prohibits reargument of the case.
- Extensions face an express restrictive standard
- Rule 367(a) allows a changed period only through actual court action and permits extensions only in the most extreme and compelling circumstances.
- Form, length and service require compliance
- Rule 367(a), (c) ordinarily sets twenty-seven pages or eight thousand one hundred words, a compliance certificate, brief form and service, and duplicate paper copies if required.
- Further Appellate Court rehearing petitions are prohibited
- After the Appellate Court acts on a rehearing petition and enters judgment on rehearing, Rule 367(e) prohibits another petition in that court.
- 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 petition a reviewing court for rehearing?
Does notice of the judgment start time?
Rule 367(a) uses actual filing of the judgment.
Illinois Supreme Court Rule 367(a)Can I repeat the original argument unchanged?
Rule 367(b) prohibits reargument and requires the overlooked or misapprehended points.
Illinois Supreme Court Rule 367(b)Can I petition the Appellate Court again after judgment on rehearing?
Rule 367(e) prohibits further petitions in that stated posture.
Illinois Supreme Court Rule 367(e)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 367(a) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 367(b) | A petition addresses overlooked or misunderstood points |
| Illinois Supreme Court Rule 367(a) | Extensions face an express restrictive standard |
| Illinois Supreme Court Rule 367(a), (c) | Form, length and service require compliance |
| Illinois Supreme Court Rule 367(e) | Further Appellate Court rehearing petitions are prohibited |
| 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 |