If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
12-668.Stay of proceedings pending appeal of foreign- country judgment.
Article XII. Judgments - Enforcement · Part 6. Foreign Judgments and Foreign-Money Claims · Last amended 2012 · Last verified July 20, 2026
In one sentenceLets an Illinois court pause proceedings on a foreign-country judgment while an appeal in the foreign court is pending, expected, or still within a reasonable window to pursue.
Full Text of 735 ILCS 5/12-668
Plain-English Summary
This section gives a court discretion, rather than a mandatory obligation, to stay proceedings involving a foreign-country judgment when a party establishes that an appeal from that judgment is pending or will be taken. The stay can last until the appeal concludes, the appeal period expires, or the appellant had a reasonable chance to pursue the appeal and didn't.
Unlike the stay provision for sister-state and federal judgments under Section 12-654, this section doesn't tie the stay to posting the security the rendering jurisdiction required; it leaves the stay decision, and presumably any conditions on it, to the court's discretion based on the appeal's status.
Frequently Asked Questions
Can Illinois proceedings be paused while a party appeals a foreign-country judgment abroad?
Yes, if a party establishes the appeal is pending or will be taken, the court may stay proceedings involving that judgment.
Does the appeal have to already be filed for a stay to apply?
No. The section also covers a showing that an appeal will be taken, not only one already pending.
What happens if the appellant never pursues the appeal at all?
The stay can run until the appellant has had sufficient time to prosecute the appeal and failed to do so, at which point the basis for the stay falls away.
Is a stay under this section automatic, or does the court decide?
The court decides. The text says the court “may” stay proceedings, making it discretionary rather than mandatory.
How does this differ from the stay provision for sister-state and federal judgments?
Section 12-654's stay for sister-state and federal judgments is framed as mandatory once the required showing and security are made; this section instead leaves the stay to the court's discretion, without a stated security requirement.
Amendment History
(Source: P.A. 97-140, eff. 1-1-12.)
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
Also known as: stay pending appeal of a foreign country judgment Illinoisdiscretionary stay foreign judgment recognition Illinoispausing enforcement during a foreign appealappeal of foreign country judgment abroad