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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/10-131
(735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
Sec. 10-131.
Custody not to be changed.
Any person being committed to
any prison, or in the custody
of any sheriff or other officer or person for any criminal or supposed
criminal matter, shall not be removed therefrom into any other prison or
custody, unless it is done by habeas corpus order or some other legal process or when
it is expressly allowed by law. If any person removes, or causes to
be removed any prisoner so committed, except as above provided, he or she shall
forfeit to the party affected a sum not exceeding $300.
(Source: P.A. 83-707.)
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735 ILCS 5/10-132
(735 ILCS 5/10-132) (from Ch. 110, par. 10-132)
Sec. 10-132.
Avoidance of order - Punishment.
Any one having a person
in his or her custody, or under his or her restraint, power or control,
for whose relief an order of habeas corpus is
entered, who, with intent to avoid the effect of such order,
transfers such person to the custody or places him or her
under the control of another, or conceals him or her, or changes the place
of his or her confinement,
with intent to avoid the operation of such order, or with intent to remove
him or her out of the State, shall, for every such offense, be guilty of
a Class 4 felony. In any prosecution for the penalty incurred under this
Section it shall not be necessary to show that the order of habeas
corpus had been entered at the time of the removal, transfer or concealment
therein mentioned, if it is proven that the acts therein forbidden were
done with the intent to avoid the operation of such order.
(Source: P.A. 83-707.)
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735 ILCS 5/10-133
(735 ILCS 5/10-133) (from Ch. 110, par. 10-133)
Sec. 10-133.
Penalties - How recovered.
All the pecuniary forfeitures
incurred under this Act shall
inure to the use of the party for whose benefit the order of habeas
corpus was entered, and shall be sued for and recovered with costs, by the
Attorney General or State's Attorney, in the name of the State, by
complaint; and the amount, when recovered, shall, without any deduction,
be paid to the party entitled thereto.
(Source: P.A. 82-280.)
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735 ILCS 5/10-134
(735 ILCS 5/10-134) (from Ch. 110, par. 10-134)
Sec. 10-134.
No bar to civil damages.
The recovery of the penalties
shall be no bar to a civil action for damages.
(Source: P.A. 82-280.)
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735 ILCS 5/10-135
(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
Sec. 10-135. Habeas corpus to testify. The several courts having authority
to grant relief by habeas
corpus, may enter orders, when necessary, to bring before them any
prisoner to testify, or to be surrendered in discharge of pretrial release, or for
trial upon any criminal charge lawfully pending in the same court or to
testify in a criminal proceeding in another state as provided for by
Section 2 of the "Uniform Act to secure the attendance of witnesses from
within or without a state in criminal proceedings", approved July 23,
1959, as heretofore or hereafter amended; and the order may be directed to any
county in the State, and there be served and returned by any officer
to whom it is directed.
(Source: P.A. 101-652, eff. 1-1-23 .)
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735 ILCS 5/10-136
(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
Sec. 10-136. Prisoner remanded or punished. After a prisoner has given
his or her testimony, or been
surrendered, or his or her pretrial release discharged, or he or she has been tried
for the crime with which he or she is charged, he or she shall be returned
to the jail or other place of confinement from which he or she was taken
for that purpose.
If such prisoner is convicted of a crime punishable with death
or imprisonment in the penitentiary, he or she may be punished accordingly; but
in any case where the prisoner has been taken from the
penitentiary, and his or her punishment is by imprisonment, the time of such
imprisonment shall not commence to run until the expiration of the time
of service under any former sentence.
(Source: P.A. 101-652, eff. 1-1-23 .)
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735 ILCS 5/10-137
(735 ILCS 5/10-137) (from Ch. 110, par. 10-137)
Sec. 10-137.
Contempt - Discharge.
Any person imprisoned for any contempt
of court for the
non-performance of any order or judgment for the payment of money, is
entitled to relief by habeas corpus, and if it appears, on full
examination of such person and such witnesses, and other evidence as may
be adduced, that he or she is unable to comply with such order or judgment, or
to endure the confinement, and that all persons interested in the order
or judgment have had reasonable notice of the time and place of trial,
the court may discharge him or her from imprisonment, but no such
discharge shall operate to release the lien of such order or judgment,
but the same may be enforced against the property of such person as other
orders and judgments are enforced in civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XI
(735 ILCS 5/Art. XI heading)
ARTICLE XI
INJUNCTION
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735 ILCS 5/Art. XI Pt. 1
(735 ILCS 5/Art. XI Pt. 1 heading)
Part 1.
In General
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735 ILCS 5/11-101
(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
(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
(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
(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
(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
(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
(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
(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
(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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