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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

In one sentenceLets a court grant injunctive relief on a weekend, legal holiday, or other day when courts are not in session, if an affidavit shows the benefit of the relief will be lost or irremediable harm will occur without immediate action.

Full Text of 735 ILCS 5/11-106

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When an application is made on a Saturday, Sunday, legal holiday or on a day when courts are not in session for injunctive relief and there is filed with the complaint an affidavit of the plaintiff, or his, her or their agent or attorney, stating that the benefits of injunctive relief will be lost or endangered, or irremediable damage occasioned unless such injunctive relief is immediately granted, and stating the bases for such alleged consequence, and if it appears to the court from such affidavit that the benefits of injunctive relief will be lost or endangered, or irremediable damage occasioned unless such injunctive relief is immediately granted, and if the plaintiff otherwise is entitled to such relief under the law, the court may grant injunctive relief on a Saturday, Sunday, legal holiday, or on a day when courts are not in session; and it shall be lawful for the clerk to certify, and for the sheriff or coroner to serve such order for injunctive relief on a Saturday, Sunday, legal holiday or on a day when courts are not in session as on any other day, and all affidavits and bonds made and proceedings had in such case shall have the same force and effect as if made or had on any other day.

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.)

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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