Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a court require an injunction applicant to post a bond covering costs and damages if the injunction turns out to have been wrongful, exempts government agencies from that requirement, and binds a surety to the court's jurisdiction.
Full Text of 735 ILCS 5/11-103
Text size
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.
Plain-English Summary
Section 11-103 addresses the financial backstop behind an injunction. Before entering a restraining order or preliminary injunction, the court may -- in its discretion -- require the applicant to post a bond, in whatever sum, on whatever conditions, and with whatever security the court considers proper. The bond exists to cover costs and damages suffered by anyone later found to have been wrongfully enjoined or restrained. The decision whether to require a bond, and how much, is left to the court's judgment rather than fixed by formula.
The statute carves out one categorical exception: no governmental office or agency needs to post a bond as a condition of injunctive relief. Private litigants get no comparable exemption.
The section also addresses what happens to whoever backs the bond. A surety on a bond or undertaking under Article XI submits to the court's jurisdiction and irrevocably appoints the clerk as its agent for service of any papers affecting its liability on the bond. That liability can be enforced by motion, without a separate lawsuit, and the clerk mails copies of the motion and notice to the surety at any known address.
Frequently Asked Questions
Is a bond always required to get an injunction in Illinois?
No. Section 11-103 gives the court discretion to require a bond before entering a restraining order or preliminary injunction; it is not automatic in every case, and the statute leaves the amount and conditions to the court's judgment.
What is the injunction bond supposed to cover?
It covers the costs and damages that may be incurred or suffered by any party found to have been wrongfully enjoined or restrained. The court sets the sum, conditions, and security it considers proper.
Does a government agency have to post a bond to get an injunction in Illinois?
No. Section 11-103 states that no bond shall be required of any governmental office or agency, unlike private applicants.
Can a surety on an injunction bond be sued separately to enforce liability?
No separate action is required. The surety submits to the court's jurisdiction and appoints the clerk as its agent for service, and liability on the bond may be enforced by motion in the existing case rather than an independent lawsuit.
Where must an injunction bond be entered into and filed?
Section 11-104 allows the bond to be entered into before the court that granted the injunction or before the clerk, if the court approved the security. Section 11-105 requires all such bonds to be filed with the clerk of the court that is to certify the injunctive order or judgment.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:injunction bond illinoisTRO bond illinoispreliminary injunction bond amountinjunction bond exemption governmentsurety on injunction bond