United States · Illinois civil appeals
When is the response to an Illinois Rule 306 custody petition due?
The respondent or another entitled person may file a responding memorandum within five business days following service of the Rule 306(a)(5) petition and petitioner memorandum. Include proof of personal or email service. Establish complete prescribed service and any actual schedule variation before counting.
- Period
- Five business days after the established prescribed service
- Trigger
- Actual effective service of the petition and petitioner memorandum under the established Rule 306(b) procedure
- Rule
- Illinois Supreme Court Rule 306(b)(2)
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?
Establish the qualifying petition and petitioner memorandum.
Preserve personal or email service records for the required materials.
Check any order prescribing another schedule or no memoranda.
Illinois Supreme Court Rule 306(b)(2)How is this Illinois appellate period counted?
- Establish the qualifying petition and petitioner memorandum.
- Rule 306(b)(2) expressly uses business days. Exclude the established service day and intermediate Saturdays, Sundays and applicable Illinois holidays. Count five eligible business days rather than five calendar days.
- 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 complete petition and petitioner memorandum are personally served on the respondent. The established event occurs on August 2, 2027. No additional closure or different order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual effective service of the petition and petitioner memorandum under the established Rule 306(b) procedure | August 2, 2027 |
| Applicable period | Five business days after the established prescribed service | Monday, August 9, 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?
- Minor-related interlocutory orders have a separate procedure
- Rule 306(a)(5) covers the stated care, custody, parental-responsibility and relocation orders for unemancipated minors when appeal is not otherwise specifically provided. Paragraph (b) supplies its accelerated petition and response. Other Rule 306 classes use paragraph (c).
- Personal or email service and trial-judge service matter
- Rule 306(b)(1) requires proof of personal or email service and service of the petition on the trial judge. Paragraph (b)(2) separately starts the responding memorandum from service of the petition and petitioner memorandum.
- Replies and extensions require an actual order
- Rule 306(b)(3) allows neither replies nor extensions except by court order. Paragraph (b)(4) permits another schedule, omission of memoranda or other materials. A request alone does not establish relief.
- Memoranda have a stated size limit
- Rule 306(b)(2) limits petitioner and respondent memoranda to fifteen pages or 4,500 words, subject to actual court-prescribed variations.
- 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 the response to an Illinois Rule 306 custody petition due?
Are weekends among these five days?
The provision uses business days. Exclude intermediate weekends and applicable holidays.
Illinois Supreme Court Rule 306(b)(2)Does petition filing start this period?
Paragraph (b)(2) uses service of the petition and petitioner memorandum. Establish the actual prescribed service.
Illinois Supreme Court Rule 306(b)(2)Is a reply automatically permitted?
Replies require a court order under paragraph (b)(3).
Illinois Supreme Court Rule 306(b)(3)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 306(b)(2) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 306(a)(5), (b)–(c) | Minor-related interlocutory orders have a separate procedure |
| Illinois Supreme Court Rule 306(b)(1)–(2) | Personal or email service and trial-judge service matter |
| Illinois Supreme Court Rule 306(b)(3)–(4) | Replies and extensions require an actual order |
| Illinois Supreme Court Rule 306(b)(2) | Memoranda have a stated size limit |
| 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 |