United States · Illinois civil appeals
Which Illinois orders are appealable without a Rule 304(a) finding?
Rule 304(b) lists orders appealable without the Rule 304(a) special finding. They include qualifying estate or guardianship and receivership dispositions, section 2-1401 relief, final section 2-1402 orders, contempt with a penalty, and specified custody or parental-responsibility judgments. The notice time follows Rule 303. This calculator covers the established ordinary thirty-day entry branch.
- Period
- Thirty calendar days after actual qualifying order entry, subject to Rule 303
- Trigger
- Actual entry of the qualifying Rule 304(b) order in the established ordinary Rule 303 branch
- Rule
- Illinois Supreme Court Rule 304(b)
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?
Identify the exact Rule 304(b) class and its actual qualifying conditions.
Obtain the actual entered judgment or order and establish its entry date.
Apply Rule 303 and review qualifying timely motions, acceleration and other applicable appeal procedures.
Illinois Supreme Court Rule 304(b)How is this Illinois appellate period counted?
- Identify the exact Rule 304(b) class and its actual qualifying conditions.
- 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. A qualifying estate order finally determines a party’s right or status. Its actual entry is established without a qualifying postjudgment motion. 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 qualifying Rule 304(b) order in the established ordinary Rule 303 branch | August 2, 2027 |
| Applicable period | Thirty calendar days after actual qualifying order 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?
- Administration and receivership orders require final-right determinations
- Rule 304(b)(1) requires an estate, guardianship or similar order finally determining a party’s right or status. Paragraph (2) applies the stated final-right condition to receivership and similar proceedings and excludes an order appealable under Rule 307(a).
- The statutory petition and supplementary-proceeding classes differ
- Rule 304(b)(3) covers an order granting or denying relief prayed for in a section 2-1401 petition. Paragraph (4) covers a final judgment or order in a section 2-1402 proceeding. Establish the actual statutory proceeding and qualifying order.
- Contempt requires an imposed penalty
- Rule 304(b)(5) requires an order finding contempt that imposes a monetary or other penalty. A bare contempt finding does not establish this class.
- Custody or parental-responsibility judgments have their stated class
- Rule 304(b)(6) covers a custody or allocation-of-parental-responsibilities judgment or modification under the named Marriage and Dissolution or Parentage Acts. Temporary interlocutory custody review under Rule 306(a)(5) uses another procedure. Rule 311(a) governs the stated accelerated appeal.
- 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.
- 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
Which Illinois orders are appealable without a Rule 304(a) finding?
Do all estate orders qualify?
Rule 304(b)(1) requires an order finally determining a party’s right or status in the stated administration proceeding.
Illinois Supreme Court Rule 304(b)(1)Does a bare contempt finding qualify?
Paragraph (5) requires the contempt finding to impose a monetary or other penalty.
Illinois Supreme Court Rule 304(b)(5)Does Rule 304(b) set an independent notice period?
Its final sentence applies the time provided in Rule 303. Establish the actual applicable Rule 303 branch.
Illinois Supreme Court Rule 304(b)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 304(b) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 304(b)(1)–(2) | Administration and receivership orders require final-right determinations |
| Illinois Supreme Court Rule 304(b)(3)–(4) | The statutory petition and supplementary-proceeding classes differ |
| Illinois Supreme Court Rule 304(b)(5) | Contempt requires an imposed penalty |
| Illinois Supreme Court Rule 304(b)(6), 311(a) | Custody or parental-responsibility judgments have their stated class |
| Illinois Supreme Court Rule 303(a)(1)–(2) | Only a timely qualifying motion changes the ordinary trigger |
| 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 |