11-108.Motion to dissolve.

Section 11-108 gives the restrained party a direct path to challenge an injunction that is already in place. A motion to dissolve may be made at any time -- before an answer is filed or after. Timing does not close off the remedy; a party is not stuck with an injunction merely because the pleadings have moved past the answer stage.

The standard changes depending on when the motion comes. When the motion to dissolve is made after an answer has been filed, the court decides it on the weight of the evidence, rather than on the pleadings alone. That means the parties' affidavits and other evidentiary support -- addressed in Section 11-109 -- get weighed against each other, rather than the court testing only whether the complaint states a claim.

This section works alongside Section 11-101's dissolution mechanism for an ex parte TRO (which lets the restrained party move to dissolve on two days' notice) and Section 11-110, which addresses damages once an injunction or TRO is dissolved.