United States · Illinois statutory procedure
When does Illinois’s fraudulent-concealment filing period run?
Section 13-215 allows commencement within five years after discovery of the cause of action where the liable person fraudulently concealed it from the entitled person. Establish qualifying concealment and discovery separately. Delayed discovery alone does not establish concealment.
- Period
- Five calendar years after the entitled person’s established discovery
- Trigger
- Established discovery of the cause of action after qualifying fraudulent concealment
- Rule
- 735 ILCS 5/13-215
Section 13-215 source note P.A. 82-280. The retained current official full-section extract supplies concealment by the liable person and discovery by the entitled person.
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What was concealed, by whom, and when was the cause discovered?
Identify the person liable to the action and the cause of action allegedly concealed.
Establish fraudulent concealment from the knowledge of the person entitled to bring the action.
Independently establish when that entitled person discovered that cause of action.
735 ILCS 5/13-215How is the concealment-based five-year period counted?
- Identify the person liable to the action and the cause of action allegedly concealed.
- Count five calendar years from the independently established discovery of the concealed cause of action. Apply Section 1.11’s final-day treatment. Do not simply append five years to an expired ordinary limitation date.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the applicable action within the properly established period. Preserve the concealment evidence, identity of the liable and entitled persons, discovery evidence, governing statutes and actual filing record.
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 does an independently derived example show?
Fictitious example
Use this period only after establishing Section 13-215’s concealment and discovery requirements. The calculator does not decide whether conduct was fraudulent or how the provision interacts with another limitation or repose statute. Fictitious established event. No extension, tolling, competing deadline or special order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established discovery of the cause of action after qualifying fraudulent concealment | August 2, 2022 |
| Applicable statutory period | Five calendar years after the entitled person’s established discovery | August 2, 2027 |
Fictitious facts. The event and statutory classification are independently established. The calculator does not determine accrual, legal disability, fraudulent concealment, effective agency service or an actual court extension.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The liable person must fraudulently conceal the cause
- Section 13-215 requires fraudulent concealment of the cause of action by the person liable to it. A later awareness date, standing alone, does not establish that statutory condition.
- The object of discovery is the cause of action
- The section measures from when the entitled person discovers that cause of action. The calculator cannot decide whether learning one fact was legally sufficient discovery.
- This is not an automatic addition to every ordinary period
- The stated five years runs from qualifying discovery. Review how Section 13-215 applies to the actual governing limitation or repose provision instead of adding five years to an unrelated deadline.
- The separate ordinary claim remains relevant
- Section 13-201, Section 13-205 and Section 13-206 classify different underlying claims. Preserve the actual cause and ordinary period while reviewing the asserted concealment provision.
- 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?
Questions about 735 ILCS 5/13-215
When does Illinois’s fraudulent-concealment filing period run?
Is delayed discovery by itself enough for Section 13-215?
No. The statute requires fraudulent concealment of the cause by the liable person. Establish that condition separately.
735 ILCS 5/13-215Do I add five years to the ordinary limitation deadline?
This section measures five years from qualifying discovery of the concealed cause. Do not append five years mechanically to another deadline.
735 ILCS 5/13-215Can this calculator decide whether concealment defeats a repose provision?
No. Review the applicable provision, its exceptions and the actual concealment facts. This calculator only counts from an independently established Section 13-215 event.
735 ILCS 5/13-215Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-215 | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |