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11-105.Filing of bond.

Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceRequires every bond called for under Article XI to be filed with the clerk of the court that will certify the injunctive order or judgment.

Full Text of 735 ILCS 5/11-105

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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.

Plain-English Summary

Section 11-105 is a filing rule that keeps every injunction bond in one place: the clerk's office of the court certifying the injunctive order or judgment. Whatever bond Article XI requires -- whether tied to a TRO, a preliminary injunction, or another injunctive remedy in this article -- must land in that clerk's file.

The rule ties together the discretion the court exercises under Section 11-103 (whether to require a bond, and in what amount) and the flexibility Section 11-104 gives for where the bond is entered into (before the court or before the clerk). Once entered, the bond still has to be filed with the certifying court's clerk, so that the record of security backing the injunction is centralized and available if a wrongfully enjoined party later needs to enforce it.

Frequently Asked Questions

Where does an injunction bond have to be filed in Illinois?

Section 11-105 requires that all bonds required by Article XI be filed with the clerk of the court that is to certify the injunctive order or judgment.

Is filing the bond the same step as entering into it?

Not necessarily. Section 11-104 allows the bond to be entered into before the court or before the clerk if the court approved the security, while Section 11-105 separately requires the bond, once entered, to be filed with the certifying court's clerk.

Does this filing requirement apply to bonds for both TROs and preliminary injunctions?

Yes. Section 11-105 refers to all bonds required by Article XI, which covers the bonds described in Section 11-103 for both restraining orders and preliminary injunctions.

Why does it matter that the bond is filed with the certifying court's clerk specifically?

The statute ties the filing to the court that certifies the injunctive order or judgment, keeping the bond in the same record as the order it secures, which matters if a party later seeks to enforce liability on the bond under Section 11-103.

What can a surety be required to do once the bond is filed?

Under Section 11-103, a surety on the bond submits to the court's jurisdiction and appoints the clerk as its agent for service of papers affecting its liability, and that liability can be enforced by motion rather than a separate action.

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
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