United States · Illinois civil appeals
What starts an Illinois appeal after a Rule 304(a) finding?
For a final judgment resolving fewer than all parties or claims, Rule 304(a) ordinarily requires an express written finding of no just reason to delay enforcement, appeal or both. Its entry is treated as final-judgment entry for the Rule 303 notice period. Establish an actually final partial judgment, the required finding and any qualifying timely postjudgment motion.
- Period
- Thirty calendar days after the established Rule 304(a) entry, subject to Rule 303
- Trigger
- Actual entry of the Rule 304(a) written finding in the established no-qualifying-motion branch
- Rule
- Illinois Supreme Court Rule 304(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?
Establish that the partial disposition is a final judgment as to at least one party or claim.
Obtain the actual express written Rule 304(a) finding and its entry date.
Apply Rule 303 and establish any timely qualifying postjudgment motion separately.
Illinois Supreme Court Rule 304(a)How is this Illinois appellate period counted?
- Establish that the partial disposition is a final judgment as to at least one party or claim.
- 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. Treat the actual finding entry as judgment entry for this established branch.
- 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. An actually final partial judgment receives the required written Rule 304(a) finding. No qualifying timely motion applies. The established input date is August 2, 2027. No additional closure, different order or unmodeled restart applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual entry of the Rule 304(a) written finding in the established no-qualifying-motion branch | August 2, 2027 |
| Applicable period | Thirty calendar days after the established Rule 304(a) entry, subject to Rule 303 | Wednesday, September 1, 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 finding does not make an otherwise nonfinal order final
- Rule 304(a) applies to a final judgment as to fewer than all parties or claims. Its committee comments distinguish actual finality from appealability supplied by the finding. Establish both conditions.
- A finding may be entered later
- Rule 304(a) permits the finding at judgment entry or later on the court’s own motion or a party’s motion. Use its actual entry, not an assumed judgment signing date.
- Only a timely qualifying motion changes the ordinary trigger
- Rule 303(a)(1) requires a timely posttrial motion directed against the judgment. Use the order disposing of the last pending qualifying motion, not an earlier motion’s disposition or the filing date. Rule 303(a)(2) says a request to reconsider a ruling on a postjudgment motion does not toll the appeal time.
- Without the required finding the partial judgment has another status
- Absent the required finding, a judgment adjudicating fewer than all claims or parties is not enforceable or appealable under Rule 304(a) and may be revised before disposition of the whole action. Rule 304(b)’s independently qualifying exceptions require separate review.
- Filing, service and clerk transmission are different obligations
- Rule 303(c) requires the filing party’s notice of filing in the reviewing court and service on every other party and each person or officer entitled by law within seven days, with Rule 12 proof filed with the notice. Rule 303(a)(4) separately requires the circuit clerk to file the notice or covered amendment with the reviewing clerk within five days.
- 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
What starts an Illinois appeal after a Rule 304(a) finding?
Must the finding be entered with the original partial judgment?
Rule 304(a) permits it at judgment entry or later. Its actual entry supplies the stated Rule 303 event.
Illinois Supreme Court Rule 304(a)Can the finding make any interlocutory order final?
The rule requires an actually final judgment as to one or more but fewer than all parties or claims.
Illinois Supreme Court Rule 304(a)Do postjudgment motions matter?
Rule 304(a) incorporates Rule 303. Establish actual timely qualifying motions and their dispositions.
Illinois Supreme Court Rule 304(a)Official sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 304(a) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 304(a) | A finding does not make an otherwise nonfinal order final |
| Illinois Supreme Court Rule 304(a) | A finding may be entered later |
| Illinois Supreme Court Rule 303(a)(1)–(2) | Only a timely qualifying motion changes the ordinary trigger |
| Illinois Supreme Court Rule 304(a)–(b) | Without the required finding the partial judgment has another status |
| Illinois Supreme Court Rule 303(a)(4), (c) | Filing, service and clerk transmission are different obligations |
| 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 |