When must an Illinois party already before the court respond to a counterclaim?

Identify the counterclaim and the party against whom it is directed.

Confirm that the responding party is already before the court.

Establish the last day allowed for the counterclaim, including applicable court orders.

1. Identify the counterclaim and the party against whom it is directed.
2. 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.
3. Check statutory holidays and the proper court’s actual calendar.
4. 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.

Fictitious example

Fictitious facts. The responding party is already before court and the last allowed counterclaim filing day is independently established. The established event is August 2, 2027. No additional local closure or different court order is assumed.

Fictitious facts. The civil procedure classification and triggering event are independently established. No additional closure, court order or unmodeled restart is assumed.

The responding party must already be before court

Rule 182(b) expressly limits its twenty-one-day answer or motion requirement to parties already before the court. Do not import this response period to a newly joined or differently notified party without establishing its actual procedure.

Use the allowed counterclaim date

The event is the last day allowed for filing the counterclaim. Earlier actual filing or service does not replace that independently established date.

An extension requires court action

Rule 183 permits an extension for good cause on motion after notice to the opposite party, before or after expiration. The court’s actual ruling controls any extension. A request alone does not change this calculation.

Establish effective service and preserve proof

Use Rule 11’s applicable service method and file Rule 12 proof. Rule 12(c) makes electronic or personal delivery service effective on its stated day, mail service complete four days after mailing, and third-party carrier service complete on the third court day after delivery to the carrier. Establish effective service before using a service-triggered calculator. A rule requiring personal or email service cannot be replaced with ordinary mail.

• 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.

• Identify the counterclaim and the party against whom it is directed.
• Confirm that the responding party is already before the court.
• Establish the last day allowed for the counterclaim, including applicable court orders.
• Rule 182(b) expressly limits its twenty-one-day answer or motion requirement to parties already before the court. Do not import this response period to a newly joined or differently notified party without establishing its actual procedure.
• The event is the last day allowed for filing the counterclaim. Earlier actual filing or service does not replace that independently established date.
• Rule 183 permits an extension for good cause on motion after notice to the opposite party, before or after expiration. The court’s actual ruling controls any extension. A request alone does not change this calculation.
• Use Rule 11’s applicable service method and file Rule 12 proof. Rule 12(c) makes electronic or personal delivery service effective on its stated day, mail service complete four days after mailing, and third-party carrier service complete on the third court day after delivery to the carrier. Establish effective service before using a service-triggered calculator. A rule requiring personal or email service cannot be replaced with ordinary mail.
• File the particular pleading or motion with the proper circuit clerk. Complete applicable Rule 11 service and file Rule 12 proof separately. Preserve the established allowed pleading date and any order altering it. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.