2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Article XI - Injunction
(735 ILCS 5/Art. XI heading)ARTICLE XI
INJUNCTION
(735 ILCS 5/Art. XI Pt. 1 heading)Part 1.
In General
(735 ILCS 5/11‑101) (from Ch. 110, par. 11‑101)
Sec. 11‑101.
Temporary restraining order.
No temporary restraining order shall be granted without notice to the
adverse party unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and irreparable
injury, loss, or damage will result to the applicant before notice can
be served and a hearing had thereon. Every temporary restraining order
granted without notice shall
be indorsed with the date and hour of
signing; shall be filed forthwith in the clerk's office; shall define
the injury and state why it is irreparable and why
the order was granted without notice; and shall expire by its terms
within such time after the signing of the order, not to
exceed 10 days, as the court fixes,
unless within the time so fixed the order, for good cause shown, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The
reasons for the granting of the extension shall be stated in the
written order of the court. In case a
temporary restraining order is granted without notice, the motion for a
preliminary injunction shall be set for hearing at the earliest
possible time and takes precedence over all matters except older matters
of the same character; and when the motion comes on for hearing the
party who obtained the temporary restraining order shall proceed with
the application for a preliminary injunction and, if he or she does not do so,
the court shall dissolve the temporary restraining order.
On 2 days' notice to the party who obtained the temporary restraining
order without notice or on such shorter notice to that party as the
court may prescribe, the adverse party may appear and move its
dissolution or modification and in that event the court shall proceed to
hear and determine such motion as expeditiously as the ends of justice
require.
Every order granting an injunction and every restraining order shall
set forth the reasons for its entry; shall be specific in terms;
shall describe in reasonable detail, and not by reference to the
complaint or other document, the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers,
agents, employees, and attorneys, and upon those persons in
active concert or participation with them who receive actual notice of
the order by personal service or otherwise.
(Source: P.A. 84‑554.)
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(735 ILCS 5/11‑102) (from Ch. 110, par. 11‑102)
Sec. 11‑102.
Preliminary injunction.
No court or judge shall grant a
preliminary injunction without
previous notice of the time and place of the application having been given
the adverse party.
(Source: P.A. 84‑282.)
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(735 ILCS 5/11‑103) (from Ch. 110, par. 11‑103)
Sec. 11‑103.
Bond.
The court in its discretion, may before entering a
restraining order or a preliminary injunction, require the applicant to
give bond in such sum, upon such condition and with such security as may
be deemed proper by the court, for the payment of such costs
and damages as may be incurred or suffered by any party who is found to
have been wrongfully enjoined or restrained.
No such bond shall be required of any governmental office or agency.
A surety upon a bond or undertaking under Article XI of this
Act submits to
the jurisdiction of the court and irrevocably appoints the clerk of the
court as the surety's agent upon whom any papers affecting the surety's liability on the
bond or undertaking may be served. Such liability may be enforced on
motion without the necessity of an independent action. The motion and
such notice of motion as the court prescribes may be served on the clerk
of the court who shall forthwith mail copies to the persons giving the
security if their addresses are known.
(Source: P.A. 83‑707.)
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(735 ILCS 5/11‑104) (from Ch. 110, par. 11‑104)
Sec. 11‑104.
Bond before court or clerk.
The bond may be entered into
before the court
granting or ordering the injunction, or before the clerk of the court,
if the court has approved the security.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑105) (from Ch. 110, par. 11‑105)
Sec. 11‑105.
Filing of bond.
All bonds required by Article XI
of this Act shall be filed with the clerk
of the court who is to certify the injunctive order or judgment.
(Source: P.A. 83‑707.)
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(735 ILCS 5/11‑106) (from Ch. 110, par. 11‑106)
Sec. 11‑106.
Injunctive relief on Saturday, Sunday or legal holiday.
When an application is made on a Saturday,
Sunday, legal holiday or on a day when courts are not in session for injunctive
relief and there is filed with the complaint an affidavit of
the plaintiff, or his, her or their agent or attorney, stating that the
benefits of injunctive relief will be lost or endangered, or irremediable
damage occasioned unless such injunctive relief is immediately granted,
and stating the bases for such alleged consequence,, and if
it appears to the court from such affidavit that the benefits of injunctive relief
will be lost or endangered, or irremediable damage occasioned unless
such injunctive relief is immediately granted, and if the plaintiff otherwise is
entitled to such relief under the law, the court may grant injunctive relief
on a Saturday,
Sunday, legal holiday, or on a day when courts are not in session; and it
shall be lawful for the clerk to certify, and for the sheriff or coroner
to serve such order for injunctive relief on a Saturday,
Sunday, legal holiday or on a day when courts are not in session as on any
other day, and all affidavits and bonds made and proceedings had in
such case shall have the same force and effect as if made or had on any
other day.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑107) (from Ch. 110, par. 11‑107)
Sec. 11‑107.
Seeking wrong remedy not fatal.
Where relief is sought under Article XI of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑107.1) (from Ch. 110, par. 11‑107.1)
Sec. 11‑107.1.
Injunctive relief for the father of an unborn child
in an abortion related decision by the mother. In any case when a married
woman wishes to have an abortion performed upon her, and her spouse, who is
the father of the unborn child, is opposed to the performance of that
abortion, a court may hear testimony from both parties and balance the
rights and interests of those parties.
When the interests of the husband in preventing the abortion outweigh
those of the wife in having an abortion performed after the unborn child is
viable, the court may issue an injunction against the performance of the
abortion but only where the court makes a finding that the mother's life or
physical health are not in danger.
(Source: P.A. 84‑1000.)
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(735 ILCS 5/11‑108) (from Ch. 110, par. 11‑108)
Sec. 11‑108.
Motion to dissolve.
A motion to dissolve an injunction
may be made at any time
before or after answer is filed. Upon a motion to dissolve an injunction
after answer is filed the court shall decide the motion upon the weight of the evidence.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑109) (from Ch. 110, par. 11‑109)
Sec. 11‑109.
Affidavits in support of motion to dissolve.
The plaintiff
may support the complaint and the defendant
may support the answer by affidavits filed with the same, which may be
read in evidence on the hearing of the motion to dissolve the
injunction.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑110) (from Ch. 110, par. 11‑110)
Sec. 11‑110.
Assessing damages.
In all cases where a temporary restraining
order or a preliminary
injunction is dissolved by the circuit court or by the reviewing court,
the circuit court, after the dissolution of the temporary restraining order
or preliminary injunction, and before
finally disposing of the action shall, upon the party claiming damages by reason
of such temporary restraining order or preliminary injunction, filing a
petition under oath setting forth the nature and amount of damages suffered,
determine and enter judgment in favor of the party who was injured by such
temporary restraining order or preliminary injunction for the damages which
the party suffered as a result thereof, which judgment may be enforced as
other judgments for the payment of money. However, a
failure so to assess damages as hereinabove set out shall not operate as
a bar to an action upon the injunction bond.
(Source: P.A. 82‑280.)
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(735 ILCS 5/Art. XI Pt. 3 heading)Part 3.
Disbursement of Public Moneys
(735 ILCS 5/11‑301) (from Ch. 110, par. 11‑301)
Sec. 11‑301.
Who may file action.
An action to restrain and enjoin the
disbursement of public funds by any officer or officers of the State government
may be maintained either by the Attorney General or by any citizen and taxpayer
of the State.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑302) (from Ch. 110, par. 11‑302)
Sec. 11‑302.
Action by Attorney General.
Such action may be maintained
by the Attorney General, by
filing in the office of the clerk of the circuit court of
the proper county a
complaint in the name of the People of the State of Illinois. When such
complaint is filed, it shall be presented to the court and an
order shall be entered thereon showing the day of presentation and the
day, which shall not be less than 5 days and not more than 10 days
thereafter, when the court will hear the same.
(Source: P.A. 83‑707.)
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(735 ILCS 5/11‑303) (from Ch. 110, par. 11‑303)
Sec. 11‑303.
Action by private citizen.
Such action, when prosecuted by
a citizen and taxpayer of the State,
shall be commenced by petition for leave to file an action to restrain and
enjoin the defendant or defendants from disbursing the public funds of
the State. Such petition shall have attached thereto a copy of the
complaint, leave to file which is petitioned for. Upon the filing of
such petition, it shall be presented to the court, and the court
shall enter an order stating the date of the presentation of the petition and
fixing a day, which shall not be less than 5 nor more than 10 days
thereafter, when such petition for leave to file the action will be heard.
The court shall also order the petitioner to give notice in writing to
each defendant named therein and to the Attorney General, specifying in
such notice the fact of the presentation of such petition and the date and time
when the same will be heard. Such notice shall be served upon the
defendants and upon the Attorney General, as the case may be, at least 5
days before the hearing of such petition.
Upon such hearing, if the court is satisfied that there is
reasonable ground for the filing of such action, the court may grant the
petition and order the complaint to be filed and process to issue. The
court may, in its discretion, grant leave to file the complaint as to
certain items, parts or portions of any appropriation Act sought to be
enjoined and mentioned in such complaint, and may deny leave as to the
rest.
(Source: P.A. 82‑280.)
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(735 ILCS 5/11‑304) (from Ch. 110, par. 11‑304)
Sec. 11‑304.
Summons ‑ Pleadings.
Upon the filing of the complaint,
summons shall be issued
commanding the defendant or defendants to appear on the day named
therein, which shall not be less than 5 days nor more than 10 days
thereafter, as shall be directed by the court. Such summons shall be
served at least 5 days before the return day thereof in the same manner
as summons is served in other civil cases.
Every defendant who is summoned shall
appear by filing a pleading or motion in the cause on the
return day of the summons as in other civil cases, and such action shall
be given preference in hearing over all other cases.
(Source: P.A. 82‑280.)
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