United States · Illinois civil procedure
When is an Illinois motion attacking a pleading other than the complaint due?
File a motion attacking a pleading other than the complaint within twenty-one days after the last day allowed for filing the attacked pleading. Rule 182(c) does not start this period from an earlier actual filing or service. A motion directed to the complaint follows its separately applicable response procedure.
- Period
- Twenty-one calendar days after the established allowed pleading date
- Trigger
- Last day actually allowed for filing the pleading attacked
- Rule
- Illinois Supreme Court Rule 182(c)
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?
Identify the particular pleading the motion attacks.
Confirm that the attacked pleading is not the complaint.
Establish its last allowed filing day from the governing procedure and actual orders.
Illinois Supreme Court Rule 182(c)How is this Illinois civil period counted?
- Identify the particular pleading the motion attacks.
- 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. The attacked pleading is not the complaint and its last allowed filing day is independently 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 | Last day actually allowed for filing the pleading attacked | August 2, 2027 |
| Applicable period | Twenty-one calendar days after the established allowed pleading date | August 23, 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?
- Complaint motions are excluded
- Rule 182(c) expressly addresses pleadings other than the complaint. Do not replace the complaint-response event with this twenty-one-day count.
- Use the attacked pleading’s allowed date
- The last day allowed for that pleading is the trigger. An early actual filing or service does not itself start this period.
- 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.
What must be filed, served and preserved?
Questions about this Illinois civil act
When is an Illinois motion attacking a pleading other than the complaint due?
Does this set the deadline for a motion attacking the complaint?
No. Rule 182(c) excludes the complaint. Establish the applicable summons and response procedure separately.
Illinois Supreme Court Rule 182(c)Do I count from actual service of the attacked pleading?
Use the last day allowed for its filing, which must be independently established.
Illinois Supreme Court Rule 182(c)Can a motion requesting more time extend the count by itself?
No. Rule 183 permits court-granted relief for good cause after motion and notice. Use the actual ruling.
Illinois Supreme Court Rule 183Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 182(c) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 182(c) | Complaint motions are excluded |
| Illinois Supreme Court Rule 182(c) | Use the attacked pleading’s allowed date |
| Illinois Supreme Court Rule 183 | An extension requires court action |
| Illinois Supreme Court Rule 11, 12 | Establish effective service and preserve 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 |