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United States · Illinois civil appeals

When are an allowed Illinois certified-question appeal’s brief and requested record due?

After Rule 308 leave is allowed, the appellant must file a brief within thirty-five days after the actual grant. A complete record requested by a party or ordered by the court uses that same thirty-five-day period. Establish whether record filing is required. A later record request or delivery does not replace the grant date.

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Period
Thirty-five calendar days after actual leave for the brief and required record
Trigger
Actual grant of Rule 308 leave, with any record request or order separately established
Rule
Illinois Supreme Court Rule 308(e)
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 308 leave.

Establish whether a party requested or the court ordered the complete record.

Check actual briefing and record orders before selecting the ordinary grant-based period.

Illinois Supreme Court Rule 308(e)

How is this Illinois appellate period counted?

  1. Obtain the actual order granting Rule 308 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. Leave is actually granted and a complete record has been requested or ordered. The established event is July 26, 2027. No additional closure or different actual order applies.

Example counting steps
StepWhat is countedDate
Established eventActual grant of Rule 308 leave, with any record request or order separately establishedJuly 26, 2027
Applicable periodThirty-five calendar days after actual leave for the brief and required recordMonday, 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.

Try these dates in the calculator

Which qualifications and court directions matter?

The record duty requires its request or order
Rule 308(e) permits any party to request a complete record or the court to order it within thirty-five days of leave. The appellant brief is independently required within the same period.
Later briefs use the applicable ordinary requirements
Rule 308(e) otherwise incorporates Rules 341 through 344. Rule 343(a) uses preceding due dates for appellee and ordinary reply briefs, with separate cross-appeal treatment.
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.
Illinois Supreme Court Rule 308(e)
  • 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 are an allowed Illinois certified-question appeal’s brief and requested record due?

Does a later record request restart thirty-five days?

Rule 308(e) measures the period from actual leave.

Illinois Supreme Court Rule 308(e)

Is the appellant brief optional if no complete record was requested?

Rule 308(e) independently requires the appellant brief.

Illinois Supreme Court Rule 308(e)

Does permission automatically stop the trial proceedings?

Rule 308(f) requires an actual stay order.

Illinois Supreme Court Rule 308(f)

Official sources and review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
Illinois Supreme Court Rule 308(e)The actual actor, event and specific procedural period
Illinois Supreme Court Rule 308(e)The record duty requires its request or order
Illinois Supreme Court Rule 343(a)–(b)Later briefs use the applicable ordinary requirements
Illinois Supreme Court Rule 308(f)An application or grant does not automatically stay the trial case
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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