United States · Illinois civil procedure
When must an Illinois defaulted party respond to notice of new or additional relief?
When new or additional relief is sought against a party not entitled to Rule 104 notice, Rule 105 requires an answer or appearance within thirty days after the applicable service, actual certified or registered mail receipt, or first publication. Exclude that event day. Establish the permitted method and its actual event before calculating.
- Period
- Thirty calendar days after the independently established Rule 105 notice event
- Trigger
- Applicable Rule 105 service, actual certified or registered mail receipt, or first publication
- Rule
- Illinois Supreme Court Rule 105(a)–(b)
Current official individual rules, including Rule 9 amended May 29, 2026 and Rule 13 effective January 1, 2026
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What starts this Illinois civil period?
Confirm that the pleading seeks new or additional relief against a party within Rule 105(a)’s notice category.
Identify the permitted summons-service, certified or registered mail, or publication branch.
Establish actual service, actual mail receipt or the first publication date for that branch.
Illinois Supreme Court Rule 105(a)–(b)How is this Illinois civil period counted?
- Confirm that the pleading seeks new or additional relief against a party within Rule 105(a)’s notice category.
- 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 valid Rule 105(b)(2) notice is actually received by its defendant and all applicable method requirements are established. The established event is August 2, 2027. No additional local closure or different court order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Applicable Rule 105 service, actual certified or registered mail receipt, or first publication | August 2, 2027 |
| Applicable period | Thirty calendar days after the independently established Rule 105 notice event | September 1, 2027 |
Fictitious facts. The civil procedure 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?
- Mail notice requires actual receipt
- Rule 105(b)(2) requires prepaid certified or registered mail, return receipt requested, showing recipient, delivery date and address. Use restricted delivery for a natural person. Service is not complete until the defendant receives the notice; mailing alone is insufficient.
- Publication has limited scope
- Rule 105(b)(3) permits publication only in the stated publication cases and upon the required affidavit. Use the first publication date only after establishing that this method is permitted.
- The notice and pleading have required content
- Rule 105(a) requires a captioned notice directed to the party, describing the filed new or additional relief and thirty-day default warning. Except for publication, attach the new or amended pleading unless the court excuses it for good cause on ex parte application.
- Summons-service proof differs from mail proof
- Rule 105(b)(1) permits the methods provided by law for summons service. An officer may provide a return; another eligible server provides the stated affidavit or certification of time, manner and place.
- The calculator does not decide the applicable civil procedure, 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 case’s timetable.
What must be filed, served and preserved?
Questions about this Illinois civil act
When must an Illinois defaulted party respond to notice of new or additional relief?
Does mailing a certified notice start thirty days?
For Rule 105(b)(2), service is incomplete until the defendant actually receives the notice. Use receipt, not postal deposit.
Illinois Supreme Court Rule 105(b)(2)Can publication be used in every case?
No. Rule 105(b)(3) limits publication to the stated permitted cases and requires the publication affidavit.
Illinois Supreme Court Rule 105(b)(3)Must the new pleading accompany the notice?
Except for publication, Rule 105(a) requires it unless the court excuses the attachment for good cause on ex parte application.
Illinois Supreme Court Rule 105(a)Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 105(a)–(b) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 105(b)(2) | Mail notice requires actual receipt |
| Illinois Supreme Court Rule 105(b)(3) | Publication has limited scope |
| Illinois Supreme Court Rule 105(a) | The notice and pleading have required content |
| Illinois Supreme Court Rule 105(b)(1) | Summons-service proof differs from mail proof |
| 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 |