United States · Illinois civil procedure
When must an Illinois public-record inaccuracy affidavit be filed and served?
Rule 216(d) requires inaccuracies in the noticed copy of public records to be pointed out under oath in an affidavit filed and served within 28 days after service of the notice. The copy becomes evidence as admitted facts only if otherwise admissible.
- Period
- 28 calendar days after effective service of the notice
- Trigger
- Effective service of the written public-record notice
- Rule
- Illinois Supreme Court Rule 216(d)
Current official individual rules, including Rule 90 effective March 1, 2026 and Rule 9 amended May 29, 2026
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What starts this Illinois civil period?
Obtain the written notice and the particular public-record copy proposed as evidence.
Establish effective service of that notice, rather than a record-production or creation date.
Identify inaccuracies in the actual copy and prepare the required sworn affidavit.
Illinois Supreme Court Rule 216(d)How is this Illinois civil period counted?
- Obtain the written notice and the particular public-record copy proposed as evidence.
- 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.
- File and serve the affidavit within the period. Point out the copy’s inaccuracies under oath. Preserve the actual file mark, service and proof. 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.
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 adverse party was effectively served with the public-record notice and copy. The established event is August 2, 2027. No additional local closure or different court direction is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Effective service of the written public-record notice | August 2, 2027 |
| Applicable period | 28 calendar days after effective service of the notice | August 30, 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?
- Effective service determines the event
- 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.
- Admissibility remains a separate requirement
- Rule 216(d) makes the copy admissible as admitted facts only if otherwise admissible. A date calculation does not establish authenticity, relevance or another evidence requirement.
- A requested extension is not an order
- Rule 183 permits the court to extend time for good cause on motion after notice, before or after expiration. Preserve the actual order. This calculator does not decide whether the court grants relief.
- 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 an Illinois public-record inaccuracy affidavit be filed and served?
Is an ordinary letter enough to identify inaccuracies?
Rule 216(d) specifies an affidavit under oath filed and served. Preserve both completed acts.
Illinois Supreme Court Rule 216(d)Does any public record automatically become admissible?
No. Paragraph (d) expressly retains the requirement that the copy be otherwise admissible.
Illinois Supreme Court Rule 216(d)Does the record’s creation date start these 28 days?
No. Establish effective service of the written notice accompanying the proposed public-record copy.
Illinois Supreme Court Rule 216(d)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 216(d) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 12(c) | Effective service determines the event |
| Illinois Supreme Court Rule 216(d) | Admissibility remains a separate requirement |
| Illinois Supreme Court Rule 183 | A requested extension is not an order |
| 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 |