United States · Illinois civil procedure
When is an Illinois original-date motion due after a qualifying e-filing system failure?
When a court-approved electronic filing system’s technical failure makes the document untimely, file the Rule 9(f)(2) motion within five court days of the failure date. State the date and circumstances and attach the document. Show that the failure prevented timely filing. The court must grant a timely qualifying motion and establish the effective date by order.
- Period
- Five court days after the qualifying technical failure
- Trigger
- Actual date of the qualifying court-approved e-filing system failure
- Rule
- Illinois Supreme Court Rule 9(f)(2)
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 court-approved filing system and preserve evidence of its actual failure.
Establish that the failure prevented timely filing and identify the later-filed document.
Use the qualifying failure date, rather than a later clerk notice or earlier unrelated submission.
Illinois Supreme Court Rule 9(f)(2)How is this Illinois civil period counted?
- Identify the court-approved filing system and preserve evidence of its actual failure.
- Exclude the actual triggering day. Count only court days, omitting intermediate Saturdays, Sundays, statutory holidays and any additional closure on the proper court’s actual calendar. The bundled Illinois calendar covers 2026 and 2027. Do not use ordinary calendar-day addition.
- 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 court-approved filing system failure prevents timely filing and the party has the later-filed document. 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 date of the qualifying court-approved e-filing system failure | August 2, 2027 |
| Applicable period | Five court days after the qualifying technical failure | August 9, 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?
- A qualifying system failure must prevent timely filing
- Rule 9(f)(2) applies to technical failure of a court-approved electronic filing system that makes the document untimely. A device problem or unsupported assertion does not itself establish this qualifying event.
- State facts and attach the document
- The motion must state the failure date and circumstances and include the document as an exhibit. Preserve the actual failure evidence and later filing.
- The court establishes the effective date
- Upon the required showing and a timely motion, Rule 9(f)(2)(B) directs the court to grant relief and enter an order establishing the effective filing date. Rule 9(f)(3) addresses jurisdiction over a timely motion.
- 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 original-date motion due after a qualifying e-filing system failure?
Does a clerk’s later notice start this period?
No. This branch uses the actual qualifying technical-failure date. Rejection notice belongs to Rule 9(f)(1).
Illinois Supreme Court Rule 9(f)(2)(A)Is every unsuccessful upload a qualifying failure?
The rule requires technical failure of a court-approved system and a showing that the failure prevented timely filing.
Illinois Supreme Court Rule 9(f)(2)(A)–(B)What must accompany the motion?
State the failure date and circumstances and attach the document to be deemed filed on that date.
Illinois Supreme Court Rule 9(f)(2)(A)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 9(f)(2) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 9(f)(2)(A)–(B) | A qualifying system failure must prevent timely filing |
| Illinois Supreme Court Rule 9(f)(2)(A) | State facts and attach the document |
| Illinois Supreme Court Rule 9(f)(2)(B), (3) | The court establishes the effective date |
| 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 |