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.
11-104.Bond before court or clerk.
Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAllows the injunction bond to be entered into before the court that granted the order or before the clerk, as long as the court has approved the security.
Full Text of 735 ILCS 5/11-104
Plain-English Summary
Section 11-104 is a procedural convenience rule. It answers a narrow question left open by Section 11-103's bond requirement: before whom does the applicant sign and post the bond? The statute gives two options. The bond can be entered into before the court granting or ordering the injunction, or it can be entered into before the clerk of the court, provided the court has already approved the security being offered.
That second path matters in practice, since it lets the clerk's office handle the mechanics of accepting an approved bond without requiring the judge to be present for that step. The court retains control over what security is acceptable; the clerk's role is limited to accepting a bond the court has already approved.
Frequently Asked Questions
Who can accept an injunction bond in Illinois -- does it have to be the judge?
No. Section 11-104 allows the bond to be entered into before the court that granted or ordered the injunction, or before the clerk of the court, as long as the court has already approved the security.
Can the clerk approve the type of security offered for an injunction bond?
No. The clerk may accept the bond only if the court has already approved the security. The clerk's role under Section 11-104 is limited to taking the bond once that approval exists.
Where must the bond be filed after it is entered into?
Section 11-105 requires all bonds required under Article XI to be filed with the clerk of the court that is to certify the injunctive order or judgment.
What does the bond required under this framework cover?
Section 11-103 explains that the bond covers costs and damages suffered by a party found to have been wrongfully enjoined or restrained, in whatever sum and on whatever conditions the court considers proper.
Does Section 11-104 apply to both restraining orders and preliminary injunctions?
Amendment History
(Source: P.A. 82-280.)
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
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