United States · Illinois civil procedure
When must withdrawing Illinois counsel serve the withdrawal order and file proof?
If the party did not appear personally or through substitute counsel when withdrawal was granted, the withdrawing attorney must serve the order and file proof within three days after entry. Rule 13(c)(4) requires the paragraph (c)(2) service manner. These are calendar days subject to the final-day computation rule, not three court days.
- Period
- Three calendar days after withdrawal-order entry
- Trigger
- Actual entry of the withdrawal order in the covered absent-party branch
- Rule
- Illinois Supreme Court Rule 13(c)(4)
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?
Obtain the entered order allowing withdrawal and its actual entry date.
Confirm that the party did not appear at the grant personally or by substitute counsel.
Select and establish the service manner required by Rule 13(c)(2), with filed proof.
Illinois Supreme Court Rule 13(c)(4)How is this Illinois civil period counted?
- Obtain the entered order allowing withdrawal and its actual entry date.
- 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 withdrawal order is entered when the party is absent personally and through substitute counsel; service and proof are required. The established event is August 2, 2027. No additional local closure or different court order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual entry of the withdrawal order in the covered absent-party branch | August 2, 2027 |
| Applicable period | Three calendar days after withdrawal-order entry | August 5, 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?
- The party’s actual attendance determines scope
- Rule 13(c)(4) applies if the party did not appear at the time withdrawal was granted, either in person or through substitute counsel. Establish those facts from the actual proceeding.
- Use paragraph (c)(2)’s required manner
- Paragraph (c)(2) provides personal service, certified mail or third-party carrier directed to the party’s last known business or residence address. Its electronic alternative requires acknowledged receipt. The order-service duty expressly incorporates that manner.
- Service and filed proof are both required
- Rule 13(c)(4) requires the attorney to serve the order and file proof within the stated period. Preserve method-specific evidence and the filed proof. A supplementary appearance is a separate party obligation.
- 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 withdrawing Illinois counsel serve the withdrawal order and file proof?
Are these three court days?
The provision states three days. Use the calendar-day count and applicable final-day exclusions, rather than the carrier’s distinct court-day count.
Illinois Supreme Court Rule 13(c)(4)Does this duty apply when substitute counsel appeared at the grant?
Rule 13(c)(4) addresses the branch in which the party did not appear personally or by substitute counsel. Establish the actual attendance.
Illinois Supreme Court Rule 13(c)(4)Is serving the order the only required act?
No. The withdrawing attorney must also file proof of service within the stated period.
Illinois Supreme Court Rule 13(c)(4)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 13(c)(4) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 13(c)(4) | The party’s actual attendance determines scope |
| Illinois Supreme Court Rule 13(c)(2), (4) | Use paragraph (c)(2)’s required manner |
| Illinois Supreme Court Rule 13(c)(4)–(5) | Service and filed proof are both required |
| 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 |