Chapter 735, CIVIL PROCEDURE

(735 ILCS 5/10-114) (from Ch. 110, par. 10-114) Sec. 10-114. Bringing of body. The officer or person making the return, shall, at the same time, bring the body of the party, if in his or her custody or power or under his or her restraint, according to the command of the order unl…

(735 ILCS 5/10-115) (from Ch. 110, par. 10-115) Sec. 10-115. Sickness or infirmity. When, from the sickness or infirmity of the party, he or she cannot without danger, be brought to the place designated for the return of the order, that fact shall be stated in the return, and if …

(735 ILCS 5/10-116) (from Ch. 110, par. 10-116) Sec. 10-116. Neglect to obey order. If the officer or person upon whom such order is served refuses or neglects to obey the same, by producing the party named in the order and making a full and explicit return thereto within the tim…

(735 ILCS 5/10-117) (from Ch. 110, par. 10-117) Sec. 10-117. Order in case of neglect. The court may also, at the same time or afterwards, enter an order to the sheriff or other person to whom such attachment is directed, commanding him or her to bring forthwith before the court …

(735 ILCS 5/10-118) (from Ch. 110, par. 10-118) Sec. 10-118. Proceedings in case of emergency. Whenever it appears by the complaint, or by affidavit, that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken ou…

(735 ILCS 5/10-119) (from Ch. 110, par. 10-119) Sec. 10-119. Examination. Upon the return of an order of habeas corpus, the court shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circums…

(735 ILCS 5/10-120) (from Ch. 110, par. 10-120) Sec. 10-120. Denial of allegations in return. The party imprisoned or restrained may file a reply to the return and deny any of the material facts set forth in the return, and may allege any other facts that may be material in the c…

(735 ILCS 5/10-121) (from Ch. 110, par. 10-121) Sec. 10-121. Seeking wrong remedy not fatal. Where relief is sought under Article X 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 p…

(735 ILCS 5/10-122) (from Ch. 110, par. 10-122) Sec. 10-122. Amendments. The return, as well as any denial or allegation, may be amended at any time by leave of the court. (Source: P.A. 82-280.)

(735 ILCS 5/10-123) (from Ch. 110, par. 10-123) Sec. 10-123. When prisoner not entitled to discharge. No person shall be discharged under the provisions of this Act, if he or she is in custody: 1. By virtue of process of any court of the United States, in a case where such court …

(735 ILCS 5/10-124) (from Ch. 110, par. 10-124) Sec. 10-124. Causes for discharge when in custody on process of court. If it appears that the prisoner is in custody by virtue of process from any court legally constituted, he or she may be discharged only for one or more of the fo…

(735 ILCS 5/10-125) (from Ch. 110, par. 10-125) Sec. 10-125. New commitment. In all cases where the imprisonment is for a criminal, or supposed criminal matter, if it appears to the court that there is sufficient legal cause for the commitment of the prisoner, although such commi…

(735 ILCS 5/10-126) (from Ch. 110, par. 10-126) Sec. 10-126. Remand. When any prisoner brought up on a habeas corpus is remanded to prison, it shall be the duty of the court remanding the prisoner to deliver to the sheriff, or other person to whose custody the prisoner is remande…

(735 ILCS 5/10-127) (from Ch. 110, par. 10-127) Sec. 10-127. Grant of habeas corpus. It is not lawful for any court, on a second order of habeas corpus obtained by such prisoner, to discharge the prisoner, if he or she is clearly and specifically charged in the warrant of commitm…

(735 ILCS 5/10-128) (from Ch. 110, par. 10-128) Sec. 10-128. Person discharged again imprisoned. No person who has been discharged by order of the court on a habeas corpus, shall be again imprisoned, restrained or kept in custody for the same cause, unless he or she is afterwards…

(735 ILCS 5/10-129) (from Ch. 110, par. 10-129) Sec. 10-129. Penalty for rearrest of person discharged. Any person who, knowing that another has been discharged by order of a competent court on a habeas corpus, shall, contrary to the provisions of Article X of this Act, arrest or…

(735 ILCS 5/10-130) (from Ch. 110, par. 10-130) Sec. 10-130. Prisoner not to be removed from county. To prevent any person from avoiding or delaying his or her trial, it shall not be lawful to remove any prisoner on habeas corpus under Article X of this Act out of the county in w…

(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 othe…

(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 effec…

(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 cos…

(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.)

(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 pretri…

(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, …

(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 examina…

(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 immedia…

(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.)

(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 …

(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.)

(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.)

(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 compl…

(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 …

(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 we…

(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…

(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 rest…

(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 o…

(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 Ill…

(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 disbursi…

(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 thereaf…

(735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001) Sec. 12-1001. Personal property exempt. The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent: (a) All household goods, including but not limited to, the debtor's and the d…

(735 ILCS 5/12-1001.1) Sec. 12-1001.1. Automatic exemption. (a) "Automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment as defined in paragraph (1) of subsection (b) of Section 2-1303 has been entered on or after January 1, 2020, to recei…

(735 ILCS 5/12-1002) (from Ch. 110, par. 12-1002) Sec. 12-1002. Schedule of property. It shall not be necessary for the debtor against whom a judgment or attachment was entered or distress warrant was issued to make a schedule of his or her personal property to enable him or her …

(735 ILCS 5/12-1003) (from Ch. 110, par. 12-1003) Sec. 12-1003. When family entitled to exemptions. When the head of a family dies, deserts or does not reside with the same, the family shall be entitled to and receive all the benefit and privileges which are by Part 10 of Article…

(735 ILCS 5/12-1004) (from Ch. 110, par. 12-1004) Sec. 12-1004. Judgment for wages. No personal property shall be exempt from levy of attachment or judgment if the debt or judgment is for the wages of any laborer or employee, providing the court entering judgment finds that the c…

(735 ILCS 5/12-1005) (from Ch. 110, par. 12-1005) Sec. 12-1005. Liability for seizing exempt property. If any officer by virtue of any judgment or process, or any other person by any right of distress takes or seizes any of the articles of property exempted from levy and sale, as…

(735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006) Sec. 12-1006. Exemption for retirement plans. (a) A debtor's interest in or right, whether vested or not, to the assets held in or to receive pensions, annuities, benefits, distributions, refunds of contributions, or other payment…

(735 ILCS 5/12-101) (from Ch. 110, par. 12-101) (Text of Section before amendment by P.A. 104-490) Sec. 12-101. Lien of judgment. With respect to the creation of liens on real estate by judgments, all real estate in the State of Illinois is divided into 2 classes. The first class…

(735 ILCS 5/12-102) (from Ch. 110, par. 12-102) Sec. 12-102. Judgment against partnership. A judgment entered against a partnership in its firm name is enforceable only against property of the partnership and does not constitute a lien upon real estate other than that held in the…

(735 ILCS 5/12-103) (from Ch. 110, par. 12-103) Sec. 12-103. Representative capacity. A judgment entered against a person not as a result of a contract made by him or her or a tort committed by him or her but solely because he or she is the holder of title to property as receiver…

(735 ILCS 5/12-104) (from Ch. 110, par. 12-104) Sec. 12-104. Time of restraint deducted. When the party in whose favor a judgment is entered is restrained, by injunction, or by stay on appeal, or by the order of a court, or is delayed, on account of the death of the defendant fro…

(735 ILCS 5/12-105) (from Ch. 110, par. 12-105) Sec. 12-105. Definition of "real estate". The term "real estate," when used in Part 1 of Article XII of this Act includes lands, tenements, hereditaments, and all legal and equitable rights and interests therein and thereto, includi…