United States · Illinois statutory procedure

When is Illinois contribution or indemnity due after the claimant files an action?

Section 13-204(b) uses the later-expiring two years after service of process or two years after actual or reasonable knowledge of the act or omission. Compare both events independently, then enter the later date. Underlying timeliness and the medical-negligence exclusion still apply.

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Period: Two calendar years from the later independently established event
Trigger: The later of process service and independently established actual or reasonable knowledge of the relevant act or omission
Rule: 735 ILCS 5/13-204(b), (c), (e)

735 ILCS 5/13-204(b), (c), (e)

Section 13-204 source notes P.A. 88-538 and P.A. 89-626, effective August 9, 1996.

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The later of process service and independently established actual or reasonable knowledge of the relevant act or omission

Use the later event only after comparing service and knowledge in a filed underlying claimant action. This one-date calculator does not discover or compare those facts for you.

Entry rules and timing exceptions

2 years from Service of process on the party seeking contribution or indemnity in the underlying action, or the date that party knew or reasonably should have known of the act giving rise to the claim, whichever is later

735 ILCS 5/13-204(b)Binding

Rule notes

Use the later event only after comparing service and knowledge in a filed underlying claimant action. This one-date calculator does not discover or compare those facts for you. Measure two calendar years from each established event and use the later-expiring period. The preset accepts the independently selected later event, not two inputs. Do not enter the complaint filing date merely because the underlying action exists. The claimant must have filed the underlying action for subsection (b). Its service limb starts when the contribution-seeking party is served, not automatically when the underlying complaint is filed. The knowledge limb concerns the party or its privy and the act or omission giving rise to contribution or indemnity. Actual late discovery does not override an earlier reasonable-knowledge date. Subsection (b) expressly uses whichever period expires later. Establish both service and knowledge before selecting the preset’s single starting date. Subsection (c) requires the underlying action to have been filed when the claimant could timely sue the contribution defendant. A timely contribution output does not prove that prerequisite. Subsection (e) excludes contribution or indemnity from the party whose alleged negligence caused the specified medical, hospital or healing-art injury or death.

Calculation software, not legal advice. Check the current rule, orders and facts.

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Which expires later, service plus two years or knowledge plus two years?

Preserve service of process on the party seeking contribution or indemnity in the underlying action.

Independently establish when that party or its privy knew or reasonably should have known of the relevant act or omission.

Compare both dates and enter the later established date. Verify underlying timeliness and the medical-negligence exclusion.

735 ILCS 5/13-204(b), (c), (e)

How do the two statutory clocks interact?

Preserve service of process on the party seeking contribution or indemnity in the underlying action.
Measure two calendar years from each established event and use the later-expiring period. The preset accepts the independently selected later event, not two inputs. Do not enter the complaint filing date merely because the underlying action exists.
Check the final weekend, statutory holiday and the proper court’s actual calendar.
Commence contribution or indemnity with the proper parties and preserve both event chronologies. Retain the underlying complaint’s filing date and evidence that the claimant could timely sue the contribution defendant then.

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 70/1.11

What does an independently derived example show?

Fictitious example

Use the later event only after comparing service and knowledge in a filed underlying claimant action. This one-date calculator does not discover or compare those facts for you. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the later event only after comparing service and knowledge in a filed underlying claimant action. This one-date calculator does not discover or compare those facts for you.

Example counting steps
Step	What is counted	Date
Established statutory event	The later of process service and independently established actual or reasonable knowledge of the relevant act or omission	August 2, 2025
Applicable statutory period	Two calendar years from the later independently established event	August 2, 2027

Example resultAugust 2, 2027

Fictitious filed action. Both service and reasonable knowledge are independently established before the later event is entered. The calculator receives one date and does not perform that legal comparison.

Try these dates in the calculator

Which qualifications change this statutory calculation?

Filed action and service are distinct facts: The claimant must have filed the underlying action for subsection (b). Its service limb starts when the contribution-seeking party is served, not automatically when the underlying complaint is filed.
Knowledge can be actual or reasonably attributable: The knowledge limb concerns the party or its privy and the act or omission giving rise to contribution or indemnity. Actual late discovery does not override an earlier reasonable-knowledge date.
The later-expiring period controls this component: Subsection (b) expressly uses whichever period expires later. Establish both service and knowledge before selecting the preset’s single starting date.
Preemption requires a timely underlying claim: Subsection (c) requires the underlying action to have been filed when the claimant could timely sue the contribution defendant. A timely contribution output does not prove that prerequisite.
The medical-negligence exclusion remains: Subsection (e) excludes contribution or indemnity from the party whose alleged negligence caused the specified medical, hospital or healing-art injury or death.

735 ILCS 5/13-204(b), (c), (e)

This calculation does not determine whether relief is available or whether the facts satisfy the statute.
A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.

What must be completed and preserved?

Preserve service of process on the party seeking contribution or indemnity in the underlying action.
Independently establish when that party or its privy knew or reasonably should have known of the relevant act or omission.
Compare both dates and enter the later established date. Verify underlying timeliness and the medical-negligence exclusion.
The claimant must have filed the underlying action for subsection (b). Its service limb starts when the contribution-seeking party is served, not automatically when the underlying complaint is filed.
The knowledge limb concerns the party or its privy and the act or omission giving rise to contribution or indemnity. Actual late discovery does not override an earlier reasonable-knowledge date.
Subsection (b) expressly uses whichever period expires later. Establish both service and knowledge before selecting the preset’s single starting date.
Subsection (c) requires the underlying action to have been filed when the claimant could timely sue the contribution defendant. A timely contribution output does not prove that prerequisite.
Subsection (e) excludes contribution or indemnity from the party whose alleged negligence caused the specified medical, hospital or healing-art injury or death.
Commence contribution or indemnity with the proper parties and preserve both event chronologies. Retain the underlying complaint’s filing date and evidence that the claimant could timely sue the contribution defendant then. 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.

Questions about 735 ILCS 5/13-204(b), (c), (e)