The plaintiff may support the complaint and the defendant may support the answer by affidavits filed with the same, which may be read in evidence on the hearing of the motion to dissolve the injunction.
11-109.Affidavits in support of motion to dissolve.
Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the plaintiff support the complaint and the defendant support the answer with affidavits, which may be read into evidence at the hearing on a motion to dissolve the injunction.
Full Text of 735 ILCS 5/11-109
Plain-English Summary
Section 11-109 fills in how the parties put evidence before the court on a motion to dissolve. The plaintiff may support the complaint with affidavits, and the defendant may support the answer with affidavits, each filed along with the corresponding pleading. Those affidavits may then be read into evidence when the motion to dissolve the injunction is heard.
This section supplies the evidentiary mechanism behind Section 11-108's requirement that a post-answer motion to dissolve be decided on the weight of the evidence. Without some accepted way to put facts in front of the court short of live testimony, that weighing standard would have little to work with. Affidavits filed with the complaint or answer give the court a record to weigh on both sides of the dissolution motion.
Frequently Asked Questions
How does a party present evidence on a motion to dissolve an injunction?
Section 11-109 lets the plaintiff support the complaint, and the defendant support the answer, with affidavits filed along with those pleadings, and those affidavits may be read into evidence at the hearing on the motion to dissolve.
Do both the plaintiff and the defendant get to use affidavits?
Yes. The statute allows both sides to file affidavits -- the plaintiff in support of the complaint, the defendant in support of the answer.
Why does it matter that affidavits can be read into evidence at the dissolution hearing?
Section 11-108 requires a court to decide a post-answer motion to dissolve on the weight of the evidence. The affidavits authorized under Section 11-109 give the court something concrete to weigh from each side.
Must the affidavits be filed at a specific time to be used this way?
The statute ties the affidavits to filing them with the complaint or the answer, meaning they are filed together with the pleading each affidavit supports.
Does this section apply only to preliminary injunctions or also to TROs?
The section refers broadly to affidavits supporting the complaint and answer on a motion to dissolve the injunction, and Section 11-108's motion-to-dissolve procedure applies to injunctions generally, which under this article includes both TROs 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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