When must an Illinois forum non conveniens motion be filed?

Identify the moving party and obtain its summons, pleading timetable and actual answer orders.

Establish the last day allowed for that party’s answer, including any actual extension.

Do not substitute an early filed answer, another defendant’s deadline or the complaint date.

1. Identify the moving party and obtain its summons, pleading timetable and actual answer orders.
2. 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.
3. Check statutory holidays and the proper court’s actual calendar.
4. File the motion to dismiss or transfer in the pending civil action. Preserve evidence supporting the forum facts and complete applicable service. Preserve the actual filed document, clerk receipt, 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.

Fictitious example

Fictitious facts. The moving party’s last allowed answer date is independently established. The established event is August 2, 2027. No additional local closure or different court direction is assumed.

Fictitious facts. The civil procedure classification and triggering event are independently established. No additional closure, court order or unmodeled restart is assumed.

Discovery and factual evidence remain separate

Rule 187(b) requires hearing scheduling that allows sufficient time for discovery on the motion’s factual issues. Affidavits and competent evidence may support or oppose the motion. A factual ruling on the motion does not decide the merits.

Transfer differs from conditional dismissal

Rule 187(c) directs clerk transmission for an Illinois transfer. Dismissal requires the stated service and limitations-waiver conditions if the plaintiff files elsewhere within six months. A final jurisdiction refusal in the other forum has its separate 30-day reinstatement branch.

The moving party’s allowed answer date controls

Obtain an actual extension of that party’s answer period before changing the input. Another defendant’s earlier failure to seek transfer does not itself establish this party’s Rule 187(a) event.

• 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.

• Identify the moving party and obtain its summons, pleading timetable and actual answer orders.
• Establish the last day allowed for that party’s answer, including any actual extension.
• Do not substitute an early filed answer, another defendant’s deadline or the complaint date.
• Rule 187(b) requires hearing scheduling that allows sufficient time for discovery on the motion’s factual issues. Affidavits and competent evidence may support or oppose the motion. A factual ruling on the motion does not decide the merits.
• Rule 187(c) directs clerk transmission for an Illinois transfer. Dismissal requires the stated service and limitations-waiver conditions if the plaintiff files elsewhere within six months. A final jurisdiction refusal in the other forum has its separate 30-day reinstatement branch.
• Obtain an actual extension of that party’s answer period before changing the input. Another defendant’s earlier failure to seek transfer does not itself establish this party’s Rule 187(a) event.
• File the motion to dismiss or transfer in the pending civil action. Preserve evidence supporting the forum facts and complete applicable service. Preserve the actual filed document, clerk receipt, 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.