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Rule 181 – Appearances-Answers-Motions

May 11, 2021 | Civil Procedure, Illinois

(a)When Summons Requires Appearance Within 30 Days After Service. When the summons requires appearance within 30 days after service, exclusive of the day of service (see Rule 101(d) ), the 30-day period shall be computed from the day the copy of the summons is left with the person designated by law and not from the day a copy is mailed, in case mailing is also required. The defendant may make his or her appearance by filing a motion within the 30-day period, in which instance an answer or another appropriate motion shall be filed within the time the court directs in the order disposing of the motion. If the defendant’s appearance is made in some other manner, nevertheless his or her answer or appropriate motion shall be filed on or before the last day on which he or she was required to appear.
(b)When Summons Requires Appearance on Specified Day.

(1)Actions for Money. Unless the “Notice to Defendant” (see Rule 101(b) ) provides otherwise, an appearance in a civil action for money in which the summons requires appearance on a specified day may be made by appearing in person or by attorney at the time and place specified in the summons and making the appearance known to the court, or before the time specified for appearance by filing a written appearance, answer, or motion, in person or by attorney. When a defendant appears in open court, the court shall require him to enter an appearance in writing. When an appearance is made in writing otherwise than by filing an answer or motion, the defendant shall be allowed 10 days after the day for appearance within which to file an answer or motion, unless the court, by rule or order, otherwise directs.
(2)Eviction Actions. In actions for eviction (see Rule 101(b) ), the defendant must appear at the time and place specified in the summons. If the defendant appears, he or she need not file an answer unless ordered by the court; and when no answer is ordered, the allegations of the complaint will be deemed denied, and any defense may be proved as if it were specifically pleaded.
(3)Small Claims. Appearances in small claims (actions for money not in excess of $10,000) are governed by Rule 286.

Ill. Sup. Ct. R. 181

Amended October 21, 1969, eff. Jan. 1, 1970; amended Dec. 3, 1996, eff. Jan. 1, 1997; amended Feb. 10, 2006, eff. immediately; amended Jan. 4, 2013, eff. immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018; amended July 17, 2020, eff. July 17, 2020 immediately.

Committee Comments

This rule consists of paragraphs (1) and (2) of former Rule 8 without change of substance.