Illinois courts
What is the deadline for refiling after reversal, arrest of judgment, or dismissal (savings statute)?
Refiling after reversal, arrest of judgment, or dismissal (savings statute) is governed by 735 ILCS 5/13-217. This page does not calculate a date. MATERIAL TRAP. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 1 year
- Trigger
- Reversal of the judgment on appeal, entry of judgment against the plaintiff on a motion in arrest of judgment, or dismissal by a United States District Court for lack of jurisdiction or improper venue (and, under the operative version of the section, voluntary dismissal or dismissal for want of prosecution)
- Rule
- 735 ILCS 5/13-217
Illinois rules as encoded, holiday calendar verified
Source guide · No automated date
Why this page does not calculate a date
MATERIAL TRAP. The version of section 13-217 published in most compilations is the text as amended by Public Act 89-7 (Civil Justice Reform Amendments of 1995), which deleted voluntary dismissal and dismissal for want of prosecution from the triggering events and added the sentence barring refiling of voluntarily dismissed or DWP actions. P.A. 89-7 was held unconstitutional in its entirety in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), with the result that the PRE-1995 version of section 13-217 is the operative law, and that version does permit one refiling within one year (or the remaining limitation period, whichever is greater) after a voluntary dismissal or a dismissal for want of prosecution. Verify which text is being applied before encoding the trigger list, and confirm the position with current Illinois authority.
Read Illinois Supreme Court Rulesthe plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater, after such judgment is reversed or entered against the plaintiff, or the action is dismissed by a United States District Court for lack of jurisdiction, or the action is dismissed by a United States District Court for improper venue
735 ILCS 5/13-217
Which date starts the 1 year period?
The period runs from the reversal of the judgment on appeal, entry of judgment against the plaintiff on a motion in arrest of judgment, or dismissal by a United States District Court for lack of jurisdiction or improper venue (and, under the operative version of the section, voluntary dismissal or dismissal for want of prosecution).
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Illinois Supreme Court Rulesthe plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater, after such judgment is reversed or entered against the plaintiff, or the action is dismissed by a United States District Court for lack of jurisdiction, or the action is dismissed by a United States District Court for improper venue
735 ILCS 5/13-217
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 1 year counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Illinois legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under 5 ILCS 70/1.11 (Statute on Statutes, Computation of time).
If the final day is a Saturday, Sunday or legal holiday in the Illinois calendar, the computation rule carries it to the next open day.
Illinois computes time under 5 ILCS 70/1.11 (Statute on Statutes, Computation of time). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read 5 ILCS 70/1.11 (Statute on Statutes, Computation of time)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
MATERIAL TRAP. The version of section 13-217 published in most compilations is the text as amended by Public Act 89-7 (Civil Justice Reform Amendments of 1995), which deleted voluntary dismissal and dismissal for want of prosecution from the triggering events and added the sentence barring refiling of voluntarily dismissed or DWP actions. P.A. 89-7 was held unconstitutional in its entirety in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), with the result that the PRE-1995 version of section 13-217 is the operative law, and that version does permit one refiling within one year (or the remaining limitation period, whichever is greater) after a voluntary dismissal or a dismissal for want of prosecution. Verify which text is being applied before encoding the trigger list, and confirm the position with current Illinois authority.
Can an order, motion or extension change the deadline?
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- MATERIAL TRAP. The version of section 13-217 published in most compilations is the text as amended by Public Act 89-7 (Civil Justice Reform Amendments of 1995), which deleted voluntary dismissal and dismissal for want of prosecution from the triggering events and added the sentence barring refiling of voluntarily dismissed or DWP actions. P.A. 89-7 was held unconstitutional in its entirety in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), with the result that the PRE-1995 version of section 13-217 is the operative law, and that version does permit one refiling within one year (or the remaining limitation period, whichever is greater) after a voluntary dismissal or a dismissal for want of prosecution. Verify which text is being applied before encoding the trigger list, and confirm the position with current Illinois authority.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 1 year period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the reversal of the judgment on appeal, entry of judgment against the plaintiff on a motion in arrest of judgment, or dismissal by a United States District Court for lack of jurisdiction or improper venue (and, under the operative version of the section, voluntary dismissal or dismissal for want of prosecution), or when I first learned of it?
The period runs from the reversal of the judgment on appeal, entry of judgment against the plaintiff on a motion in arrest of judgment, or dismissal by a United States District Court for lack of jurisdiction or improper venue (and, under the operative version of the section, voluntary dismissal or dismissal for want of prosecution) as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Which time zone and filing cutoff apply?
Illinois filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
5 ILCS 70/1.11 (Statute on Statutes, Computation of time)What if the court is inaccessible on the last day?
5 ILCS 70/1.11 (Statute on Statutes, Computation of time) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
5 ILCS 70/1.11 (Statute on Statutes, Computation of time)Extensions and local rules
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-217 | Trigger and period |
| 5 ILCS 70/1.11 (Statute on Statutes, Computation of time) | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.