11-102.Preliminary injunction.
Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/11-102
Plain-English Summary
Section 11-102 is short, and its rule is absolute: no court or judge may grant a preliminary injunction without the adverse party having had previous notice of when and where the application would be heard. Where Section 11-101 lets a court act on one side's affidavits alone for a short, ex parte TRO, a preliminary injunction -- meant to hold through the balance of the case -- requires the other side's chance to be heard before it issues.
The statute does not itemize how much notice or in what form; it requires only that notice of the application's time and place reach the adverse party before the court rules. That flows naturally from the sequence the statute contemplates: a TRO can bridge the gap when there is no time for notice, and the preliminary-injunction hearing that follows is where the adverse party gets its say.
Because this section states a flat prerequisite rather than a procedure, it works together with the rest of Part 1. Section 11-101 explains what happens when an ex parte TRO precedes the preliminary-injunction hearing; Section 11-103 addresses the bond a court may require before entering either a restraining order or a preliminary injunction; and Section 11-108 covers how an injunction, once granted, can later be dissolved.
Frequently Asked Questions
Does Illinois allow a preliminary injunction without notice to the other side?
No. Section 11-102 states that no court or judge shall grant a preliminary injunction without previous notice of the time and place of the application having been given to the adverse party.
How is a preliminary injunction different from a TRO under Illinois law?
A temporary restraining order under Section 11-101 can issue without notice in narrow, time-sensitive circumstances and expires within days. A preliminary injunction under Section 11-102 always requires prior notice to the adverse party before the court rules.
What kind of notice does Section 11-102 require?
The statute requires that the adverse party receive notice of the time and place of the application before a preliminary injunction is granted. It does not set a specific number of days or a required form of notice.
What happens after a TRO is granted without notice, in terms of the preliminary injunction hearing?
Section 11-101 requires that the preliminary-injunction motion be set for the earliest possible hearing, and the party who obtained the TRO must move forward with that hearing. Section 11-102 then requires that the adverse party have notice of that hearing before any preliminary injunction is entered.
Can a bond be required before a preliminary injunction is entered in Illinois?
Yes. Section 11-103 gives the court discretion to require the applicant to post a bond before entering either a restraining order or a preliminary injunction, to cover costs and damages if the injunction turns out to have been wrongfully entered.
Amendment History
(Source: P.A. 84-282.)