United States · Illinois civil appeals
Does Illinois Rule 305(c) automatically allow forty-five days to file appeal security?
No. Rule 305(c) allows a supported request for an extension within the notice-of-appeal period or an extension already granted. Circuit-court extensions may not total more than forty-five days unless the parties stipulate otherwise. The actual court order establishes any extension. The cap is not an automatic forty-five-day filing period after the appeal deadline.
- Period
- The actual granted period, with a conditional forty-five-day aggregate circuit-court limit
- Trigger
- The actual notice deadline, any granted extension and the timely motion and court order
- Rule
- Illinois Supreme Court Rule 305(a), (c)
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
This procedure requires actual granted periods, aggregate circuit-court extensions, a possible stipulation and separate security approval. The fixed forty-five-day preset cannot establish an actual filing date or stay.
Illinois Supreme Court Rule 305(a), (c)What lawyers say
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What starts this Illinois appellate period?
Establish the actual notice-of-appeal period and any extension already granted.
Identify the filing and approval date supplied by the applicable actual order.
Check the aggregate circuit-court extensions and any stipulation before applying the cap.
Illinois Supreme Court Rule 305(a), (c)How is this Illinois appellate period counted?
- Establish the actual notice-of-appeal period and any extension already granted.
- 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. An aggregate limit is not itself an additional filing period.
- 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 70/1.11Why does this procedure need separate review?
This procedure requires actual granted periods, aggregate circuit-court extensions, a possible stipulation and separate security approval. The fixed forty-five-day preset cannot establish an actual filing date or stay.
Which qualifications and court directions matter?
- A money-judgment stay requires several completed conditions
- Rule 305(a) requires timely notice and security presented, approved and filed within the notice period or actual Rule 305(c) extension. Notice of presentment goes to all parties. A calculator or unapproved bond does not establish a stay.
- The aggregate limit has a stipulation exception
- Rule 305(c) limits extensions granted by the circuit court to forty-five days in total unless the parties stipulate otherwise. Its wording does not impose that same cap on the reviewing court.
- The motion must be timely under the existing period
- The motion must be made within the notice period or an extension already granted. A reviewing-court request requires an affidavit and a Rule 328 supporting record if the record on appeal has not been filed.
- Other stays require their own procedure
- Rule 305(b) addresses nonmoney judgments and other appealable orders. Rule 305(d) ordinarily requires the circuit-court application first and states the showing required to apply to the reviewing 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
Does Illinois Rule 305(c) automatically allow forty-five days to file appeal security?
Can I simply add forty-five days to the notice deadline?
No. The rule limits circuit-court extensions actually granted. Establish the order and current permissible filing and approval period.
Illinois Supreme Court Rule 305(c)Does filing an appeal itself stay a money judgment?
Rule 305(a) also requires the timely presentation, approval and filing of security under its stated conditions.
Illinois Supreme Court Rule 305(a)May I wait until an extension expires before requesting the next one?
Rule 305(c) requires the motion within the notice period or an extension already granted.
Illinois Supreme Court Rule 305(c)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 305(a), (c) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 305(a) | A money-judgment stay requires several completed conditions |
| Illinois Supreme Court Rule 305(c) | The aggregate limit has a stipulation exception |
| Illinois Supreme Court Rule 305(c) | The motion must be timely under the existing period |
| Illinois Supreme Court Rule 305(b), (d) | Other stays require their own procedure |
| 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 |