When the commencement of an action is stayed by injunction, order of a court, or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
13-216.Stay of action.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceTime spent under an injunction, court order, or statutory prohibition that blocks a plaintiff from filing suit doesn't count toward the limitations deadline.
Full Text of 735 ILCS 5/13-216
Plain-English Summary
Some legal actions can't be filed the moment a claim accrues, and this section makes sure that gap doesn't eat into the plaintiff's time to sue. When commencing an action is stayed by an injunction, a court order, or a statutory prohibition, the time during which that injunction or prohibition continues is not counted as part of the time limited for commencing the action.
The rule is narrow but useful: it applies specifically to a legal bar on filing itself, not to every circumstance that might delay a plaintiff from suing.
Frequently Asked Questions
If a court order blocks me from filing suit, does the clock still run?
No. The time the injunction, order, or statutory prohibition continues doesn't count toward the limitations deadline.
What kinds of legal bars trigger this rule?
An injunction, an order of a court, or a statutory prohibition on commencing the action.
Does this section extend the deadline for any reason a plaintiff couldn't sue?
No. It's limited to time during which commencement of the action is stayed by an injunction, court order, or statutory prohibition.
When does the stayed time start counting again toward the deadline?
Once the injunction or prohibition ends, the running of the limitations period resumes.
Does this section apply to a particular type of claim?
No. It applies generally, wherever a plaintiff's ability to commence an action is stayed by injunction, court order, or statutory prohibition.
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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