United States · Illinois civil procedure
When does Rule 101 permit default after section 2-208 service?
For the Rule 101(b)(3) section 2-208 service branch, the return day must be forty to sixty days after summons issuance. No default may be taken until thirty days after service have expired. These are separate constraints. Expiration of thirty days does not itself enter default or establish one complete deadline for seeking it.
- Period
- A forty-to-sixty-day return window and a separate thirty-day minimum before default
- Trigger
- Actual summons issuance, valid section 2-208 service and the specified return day
- Rule
- Illinois Supreme Court Rule 101(b)(3)
Current official individual rules, including Rule 9 amended May 29, 2026 and Rule 13 effective January 1, 2026
Source guide · No automated date
Establish the complete Illinois appearance and pleading procedure
This procedure combines an issuance-based return window with a service-based earliest-default constraint and actual court action. One fixed filing date cannot establish the complete result.
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What starts this Illinois civil period?
Confirm that Rule 101(b)(3) and section 2-208 service govern the actual case.
Obtain the issued summons and identify its actual return day against the issuance window.
Establish valid service and the separate thirty-day expiration before considering default.
Illinois Supreme Court Rule 101(b)(3)How is this Illinois civil period counted?
- Confirm that Rule 101(b)(3) and section 2-208 service govern the actual case.
- Review the issuance-based return window separately from the service-based minimum. A minimum waiting constraint is not a filing deadline or an automatic grant of default. Check the actual court procedure and orders.
- 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?
This procedure combines an issuance-based return window with a service-based earliest-default constraint and actual court action. One fixed filing date cannot establish the complete result.
Which qualifications and court directions matter?
- The return day has an issuance-based window
- Rule 101(b)(3) requires a return day at least forty and no more than sixty days after issuance when service is to be made under section 2-208. Use the date actually specified on the issued summons.
- Default has a service-based minimum
- The same paragraph bars default until thirty days after service expire. The issuance date and service date are not interchangeable.
- Expiration does not itself enter default
- The provision states when default cannot yet be taken. It does not make the expiration an automatic judgment or establish all requirements for seeking default.
- 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 does Rule 101 permit default after section 2-208 service?
Is the return day thirty days after service?
Rule 101(b)(3) sets a forty-to-sixty-day window from issuance and a separate no-default minimum from service.
Illinois Supreme Court Rule 101(b)(3)Does thirty-day expiration automatically enter default?
No. The provision bars earlier default. Establish the actual return date, valid service and court procedure separately.
Illinois Supreme Court Rule 101(b)(3)Can I use summons issuance as the service event?
No. The paragraph expressly uses issuance for the return window and service for the thirty-day bar.
Illinois Supreme Court Rule 101(b)(3)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 101(b)(3) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 101(b)(3) | The return day has an issuance-based window |
| Illinois Supreme Court Rule 101(b)(3) | Default has a service-based minimum |
| Illinois Supreme Court Rule 101(b)(3) | Expiration does not itself enter default |
| 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 |