United States · Illinois civil appeals
What starts an Illinois appeal from an ex parte interlocutory order?
For an interlocutory order entered on ex parte application, Rule 307(b) requires the intended appellant first to present a motion to vacate to the trial court on notice. An appeal may follow actual denial or failure to act within seven days after presentation. The separate thirty-day appeal and supporting-record periods start from denial or the last day for court action.
- Period
- A seven-day judicial action window and separately triggered thirty-day appeal and record periods
- Trigger
- Actual motion presentation on notice, followed by denial or the last day for court action
- Rule
- Illinois Supreme Court Rule 307(b)
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
The existing seven-day preset describes a judicial action window. Actual denial can occur earlier, and the separate appeal and record periods require the established denial-or-no-action event. No single party due date is calculated.
Illinois Supreme Court Rule 307(b)What lawyers say
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What starts this Illinois appellate period?
Establish that the appealable interlocutory order was entered on ex parte application.
Present a motion to vacate to the trial court on notice and preserve the actual presentation record.
Obtain the actual denial entry or establish expiry without action before selecting the subsequent appeal trigger.
Illinois Supreme Court Rule 307(b)How is this Illinois appellate period counted?
- Establish that the appealable interlocutory order was entered on ex parte application.
- 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. The seven-day court-action window and subsequent thirty-day appeal period are different stages.
- 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?
The existing seven-day preset describes a judicial action window. Actual denial can occur earlier, and the separate appeal and record periods require the established denial-or-no-action event. No single party due date is calculated.
Which qualifications and court directions matter?
- Presentation on notice comes first
- Rule 307(b) requires the intended appellant to present the motion to vacate to the trial court on notice. Establish the actual presentation, rather than substituting the original order date.
- Actual denial and expiry without action are alternatives
- The appeal may be taken on denial or when the court has not acted within seven days after presentation. The subsequent thirty-day periods run from actual denial or the last day for action, as applicable.
- The notice and supporting record remain separate filings
- Rule 307(a) ordinarily requires the designated interlocutory notice and Rule 328 supporting record. Its record-extension and specified juvenile-record branches require their own review.
- Temporary restraining orders require special review
- Rule 307(d) prescribes its petition, concurrent circuit notice, service, record and memorandum procedure. Do not assume the ordinary thirty-day branch governs a temporary restraining order.
- 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 from an ex parte interlocutory order?
Does the original ex parte order start the ordinary thirty days?
Rule 307(b) instead uses denial of the required motion or the last day for action after presentation.
Illinois Supreme Court Rule 307(b)Is day seven a party filing deadline?
It is the court-action window used in the no-action branch. The subsequent appeal and record periods are distinct.
Illinois Supreme Court Rule 307(b)Can I treat motion filing as presentation?
The rule requires actual presentation on notice. Preserve the event and actual court response.
Illinois Supreme Court Rule 307(b)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 307(b) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 307(b) | Presentation on notice comes first |
| Illinois Supreme Court Rule 307(b) | Actual denial and expiry without action are alternatives |
| Illinois Supreme Court Rule 307(a) | The notice and supporting record remain separate filings |
| Illinois Supreme Court Rule 307(d) | Temporary restraining orders require special review |
| 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 |