No matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise.
16-105.Limited to matters which are germane.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBars parties from injecting unrelated matters into a ne exeat proceeding through joinder, counterclaim, or any other device, keeping the case focused on whether the defendant should be restrained from leaving the state.
Full Text of 735 ILCS 5/16-105
Plain-English Summary
Like mandamus and quo warranto, ne exeat is meant to resolve a narrow question quickly — here, whether a party should be restrained from leaving the state pending a debt or claim. Section 16-105 keeps the proceeding on task: no matters not germane to its distinctive purpose may come in by joinder, counterclaim, or any other device.
This mirrors the germane-matters limits found in mandamus practice (embedded in Section 14-103) and quo warranto practice (embedded in Section 18-103), reflecting a consistent legislative choice across Illinois's extraordinary remedies to keep them focused and fast rather than becoming a forum for unrelated disputes.
Frequently Asked Questions
What does Section 16-105 restrict in a ne exeat case?
It bars introducing matters not germane to the proceeding's distinctive purpose, whether through joinder, counterclaim, or other means.
Why does ne exeat procedure limit counterclaims and joinder?
Ne exeat is meant to resolve quickly whether a party should be restrained from leaving the state over a pending debt or claim, and unrelated matters would slow that down.
Do mandamus and quo warranto have a similar germane-matters rule?
Can a defendant raise an unrelated debt as a counterclaim in a ne exeat case?
Not if it isn't germane to the ne exeat proceeding's purpose; Section 16-105 bars introducing it that way.
Does this section address the underlying merits of the ne exeat claim?
No. It addresses only what can be joined to the proceeding, not the standard for granting or denying ne exeat relief.
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
Also known as: ne exeat germane matters illinoisne exeat counterclaim barillinois ne exeat scope limitation