The order for ne exeat shall require the defendant to file his or her answer or otherwise plead within a time designated in the order, and, upon a certified copy of the order being served upon the defendant he or she shall give bond, with surety in the sum specified in such order, conditioned that he or she will not depart the State without leave of the court, and that he or she will render himself or herself to answer any judgment which the court may enter against him or her; and in default of giving such security, he or she may be committed to a penal institution other than the penitentiary, as in other cases, for the want of bail. No temporary departure from the State shall be considered as a breach of the condition of the bond, if he or she returns before personal appearance is necessary to answer or comply with any judgment or order of the court.
16-107.Service of order - Bond.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a defendant served with a ne exeat order to answer by a set deadline and post bond promising not to leave Illinois without leave of court, with brief return trips excused as long as the defendant is back before appearance is required.
Full Text of 735 ILCS 5/16-107
Plain-English Summary
Once a ne exeat order is entered, this section spells out what the defendant must do. The order itself sets a deadline for the defendant to file an answer or otherwise plead. And once a certified copy of the order is served, the defendant must post bond, with surety in the sum the order specifies.
That bond is conditioned on two promises: the defendant won't leave Illinois without the court's permission, and the defendant will appear to answer any judgment the court later enters. Failing to post that security carries a real consequence — commitment to a penal institution other than the penitentiary, the same treatment as failing to make bail in other contexts.
The section builds in one practical accommodation: a temporary departure from the state isn't treated as breaking the bond's condition, as long as the defendant returns before a personal appearance becomes necessary to answer or comply with a court judgment or order. That lets a restrained defendant travel briefly without forfeiting the bond, so long as they're back when it counts.
Frequently Asked Questions
What must a defendant do once served with a ne exeat order?
File an answer or otherwise plead by the deadline the order designates, and post bond with surety in the amount the order specifies.
What is the ne exeat bond conditioned on?
That the defendant will not leave Illinois without leave of the court, and will appear to answer any judgment the court enters against them.
What happens if a ne exeat defendant fails to post the required bond?
They may be committed to a penal institution other than the penitentiary, the same consequence used elsewhere for failing to make bail.
Can a defendant under a ne exeat bond leave Illinois temporarily?
Yes. A temporary departure isn't treated as a breach of the bond, as long as the defendant returns before a personal appearance is required to answer or comply with a judgment or order.
Does this section apply before or after the ne exeat order is entered?
After. It governs what happens once the order has been entered and served on the defendant, building on the complaint and bond requirements in Section 16-104.
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 bond conditions illinoisne exeat defendant obligationsleaving state ne exeat bond violation