Answer to or motion against a counterclaim in Illinois
Parties already before the court must file answers to, and motions directed against, counterclaims within 21 days after the last day allowed for filing the counterclaim. Enter that last day.
- Ill. S. Ct. R. 182(b)
- 5 ILCS 70/1.11
Find your response date
Counterclaims in Illinois circuit court.
Not the day it was actually filed, unless that was the last allowed day.
Holidays and court closures
Common Illinois court holidays are skipped, including Lincoln's Birthday. Add any other day your court was closed.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Find the last day allowed for the counterclaim. A counterclaim is usually filed with the answer, so this is often the last day to answer the complaint.
- Count 21 days.
- Move past closed days to the next day the court is open.
Worked examples
| Example | Last day for counterclaim | Deadline |
|---|---|---|
| Last day for counterclaim on a Monday | Mon, Oct 26, 2026 | Mon, Nov 16, 2026 |
| Last day for counterclaim before Thanksgiving | Thu, Nov 5, 2026 | Fri, Nov 27, 2026 |
Early filing does not shorten the time. The 21 days run from the last day allowed for the counterclaim, not the day it was filed. The court may extend the time for good cause under Rule 183.
Common questions
How long do I have to answer a counterclaim in Illinois?
21 days after the last day allowed for filing the counterclaim under Supreme Court Rule 182(b).
Does a motion to dismiss the counterclaim follow the same deadline?
Yes. Motions directed against counterclaims share the same 21-day period.
Can I get more time?
Yes. Rule 183 lets the court extend the time for good cause.
Sources
- Illinois Supreme Court Rule 182(b)
- Illinois Supreme Court Rule 183
- 5 ILCS 70/1.11
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.