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2-1203.Motions after judgment in non-jury cases.

Article II. Civil Practice · Part 12. Post-Trial · Last amended 2011 · Last verified July 20, 2026

In one sentenceSection 2-1203 lets any party in a bench-tried case move, within 30 days of judgment, for a rehearing, retrial, modification, vacatur, or other relief -- the non-jury counterpart to 2-1202.

Full Text of 735 ILCS 5/2-1203

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(a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief. (b) Except as provided in subsection (a) of Section 413 of the Illinois Marriage and Dissolution of Marriage Act, a motion filed in apt time stays enforcement of the judgment except that a judgment granting injunctive or declaratory relief shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.

Plain-English Summary

Where 2-1202 makes a consolidated post-trial motion mandatory after a jury trial, this section uses permissive language for cases tried without a jury: any party "may" move for a rehearing, a retrial, modification of the judgment, vacatur, or other relief, within 30 days of judgment or any further time the court allows inside that window or its extensions.

A timely motion stays enforcement of the judgment, with two separate carve-outs. First, in any case under this Section -- not just family-law matters -- a judgment granting injunctive or declaratory relief isn't stayed automatically; that takes a separate application showing just cause for staying enforcement. Second, this Section gives way entirely to Section 413(a) of the Illinois Marriage and Dissolution of Marriage Act, which bars any stay of a maintenance or child-support order pending post-judgment motions or an appeal.

Frequently Asked Questions

What post-judgment motions are available after a bench trial in Illinois?

A party may move for a rehearing, a retrial, modification of the judgment, vacatur of the judgment, or other relief.

How long do I have to file a post-judgment motion after a non-jury trial?

30 days after entry of judgment, or any further time the court allows within that 30 days or its extensions.

Does filing this motion pause enforcement of the judgment?

Generally yes, if filed in apt time -- except that a judgment granting injunctive or declaratory relief stays only on a separate application showing just cause, and a maintenance or child-support order under the Illinois Marriage and Dissolution of Marriage Act isn't stayed by a pending motion or appeal at all.

Is filing this motion mandatory to preserve issues after a bench trial, the way it is after a jury trial?

No. This section uses "may," permissive language, in contrast to the consolidated post-trial motion required by Section 2-1202 in jury cases.

What if my case involves an injunction or declaratory judgment?

Enforcement isn't automatically stayed just because a post-judgment motion is pending. A party must apply separately and show just cause for staying that specific relief -- and this isn't limited to family-law cases. A different, absolute rule applies in divorce proceedings: maintenance and child-support orders under the Illinois Marriage and Dissolution of Marriage Act can't be stayed at all pending a motion or appeal.

Amendment History

(Source: P.A. 95-902, eff. 1-1-09; 96-1072, eff. 1-1-11.)

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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