United States · Illinois civil appeals
When must the Illinois circuit clerk transmit a notice of appeal?
Within five days after a notice of appeal or covered Rule 303(b)(5) amendment is filed in the circuit court, the circuit clerk must file it with the reviewing-court clerk. The clerk’s duty starts from actual notice or amendment filing. It does not replace the party’s original notice deadline or separate service and notice-of-filing obligations.
- Period
- Five calendar days after actual notice or amendment filing
- Trigger
- Actual circuit-court filing of the notice or covered Rule 303(b)(5) amendment
- Rule
- Illinois Supreme Court Rule 303(a)(4)
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?
Obtain the actual circuit filing record for the notice or covered amendment.
Identify the correct reviewing court stated in the notice.
Confirm the reviewing clerk’s actual receipt and docketing separately.
Illinois Supreme Court Rule 303(a)(4)How is this Illinois appellate period counted?
- Obtain the actual circuit filing record for the notice or covered amendment.
- 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. These five days are calendar days; the rule does not say five court or business 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 original notice is actually filed and the circuit clerk identifies the proper reviewing court. 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 circuit-court filing of the notice or covered Rule 303(b)(5) amendment | August 2, 2027 |
| Applicable period | Five calendar days after actual notice or amendment filing | 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?
- 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.
- A covered amendment is transmitted too
- Rule 303(a)(4) expressly includes an amendment filed in the circuit court pursuant to Rule 303(b)(5). Preserve its actual filing and transmission record.
- Reviewing-court docketing is another event
- Rule 303(e) provides docket entry upon the stated receipt of the transmitted notice or a Rule 303(d) motion. Docketing does not establish that the original party filing was timely.
- 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 must the Illinois circuit clerk transmit a notice of appeal?
Does judgment entry start the clerk’s five days?
No. Rule 303(a)(4) uses notice or covered amendment filing in the circuit court.
Illinois Supreme Court Rule 303(a)(4)Are intermediate weekends excluded from five days?
Section 1.11 counts intermediate calendar days and separately excludes an ineligible final day. The rule does not prescribe business days.
Illinois Supreme Court Rule 303(a)(4)Does clerk transmission remove the party’s service duty?
The party must separately comply with Rule 303(c).
Illinois Supreme Court Rule 303(c)Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 303(a)(4) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 303(a)(4), (c) | Filing, service and clerk transmission are different obligations |
| Illinois Supreme Court Rule 303(a)(4), (b)(5) | A covered amendment is transmitted too |
| Illinois Supreme Court Rule 303(e) | Reviewing-court docketing is another event |
| 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 |