11-106.Injunctive relief on Saturday, Sunday or legal holiday.
Article XI. Injunction · Part 1. In General · Last amended 2014 · Last verified July 20, 2026
Full Text of 735 ILCS 5/11-106
Plain-English Summary
Section 11-106 removes the calendar as an obstacle to urgent injunctive relief. Ordinarily one might assume court business waits for a business day, but this section says otherwise for injunctions. When an application for injunctive relief is made on a Saturday, Sunday, legal holiday, or any day courts are not in session, and the complaint is accompanied by an affidavit from the plaintiff or the plaintiff's agent or attorney, the court can act immediately if that affidavit states -- and the bases for stating -- that the benefit of injunctive relief will be lost or endangered, or irremediable damage will occur, unless relief is granted right away.
The court still has to find, from that affidavit, that those consequences are real and that the plaintiff is otherwise entitled to relief under the law; the day of the week does not lower the substantive bar. What changes is procedural: once the court grants relief, it is lawful for the clerk to certify the order and for the sheriff or coroner to serve it on a non-court day exactly as on any other day. Affidavits, bonds, and other proceedings taken on that day carry the same force and effect as if taken on a regular business day.
Frequently Asked Questions
Can an Illinois court issue an injunction on a weekend or holiday?
Yes. Section 11-106 allows a court to grant injunctive relief on a Saturday, Sunday, legal holiday, or any day courts are not in session, if the required affidavit and findings are made.
What must the affidavit say to get injunctive relief on a non-court day?
The affidavit, from the plaintiff or the plaintiff's agent or attorney, must state that the benefits of injunctive relief will be lost or endangered, or irremediable damage will occur, unless the relief is granted immediately, along with the bases for that statement.
Does the court apply a lower standard for injunctions granted on a holiday?
No. The court must still find that the affidavit's stated consequences would occur and that the plaintiff is otherwise entitled to the relief under the law; the section changes when relief can be granted and served, not the underlying legal standard.
Can the order be served on the same non-court day it is granted?
Yes. Section 11-106 makes it lawful for the clerk to certify, and for the sheriff or coroner to serve, an order for injunctive relief on a Saturday, Sunday, legal holiday, or non-session day just as on any other day.
Do bonds and affidavits signed on a holiday count the same as those signed on a business day?
Yes. The statute states that affidavits and bonds made, and proceedings had, on such a day have the same force and effect as if made or had on any other day.
Amendment History
(Source: P.A. 98-756, eff. 7-16-14.)