(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. 98-756, eff. 7-16-14.)
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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)
Sec. 11-107.1. (Repealed).
(Source: P.A. 84-1000. Repealed by P.A. 101-13, eff. 6-12-19.)
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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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