United States · Illinois civil appeals
When may an Illinois party seek a late record-filing extension?
Rule 326 permits a record-extension motion filed within thirty-five days after original or extended record-filing time expires, supported by reasonable excuse for not filing the motion earlier. The reviewing court or a judge may grant relief. The motion window neither grants an extension nor makes a late record timely without an actual order.
- Period
- Thirty-five calendar days after established record expiry for the late extension motion
- Trigger
- Actual expiry of the independently established original or extended record-filing time
- Rule
- Illinois Supreme Court Rule 326
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 actual applicable record deadline, including the special or extended-report branch.
Identify the last granted extension and actual expiry if applicable.
Prepare the reasonable-excuse showing for not filing the extension motion earlier.
Illinois Supreme Court Rule 326How is this Illinois appellate period counted?
- Establish the actual applicable record deadline, including the special or extended-report branch.
- 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 independently established original or granted extended record-filing period expires. The established event is July 26, 2027. No additional closure, special appeal or different order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual expiry of the independently established original or extended record-filing time | July 26, 2027 |
| Applicable period | Thirty-five calendar days after established record expiry for the late extension motion | Monday, 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 calculatorWhich qualifications and court directions matter?
- The excuse concerns the failure to move earlier
- Rule 326 expressly requires reasonable excuse for failure to file the motion earlier. Identify that showing rather than assuming a reason for late record delivery alone satisfies the provision.
- The preparing clerk must receive service
- The movant must serve any record-extension motion on the clerk preparing the record on appeal.
- Earlier motions have a separate route
- Rule 326 also permits a motion before original or extended time expires. The late safety valve does not require waiting until expiry.
- Reporter extensions are governed separately
- Rule 323(e) has its own necessity affidavit and additional reasonable-excuse showing after expiry for report filing or proposed-report service.
- 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 seek a late record-filing extension?
Does the motion itself extend record time?
The reviewing court or a judge must actually grant the extension.
Illinois Supreme Court Rule 326May I use judgment entry as this input?
Use actual record-filing expiry, after establishing its applicable branch and any granted extensions.
Illinois Supreme Court Rule 326Who receives motion service?
The clerk preparing the record on appeal.
Illinois Supreme Court Rule 326Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 326 | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 326 | The excuse concerns the failure to move earlier |
| Illinois Supreme Court Rule 326 | The preparing clerk must receive service |
| Illinois Supreme Court Rule 326 | Earlier motions have a separate route |
| Illinois Supreme Court Rule 323(e) | Reporter extensions are governed separately |
| 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 |