A party intending to move to set aside any judgment, bond or other proceeding may apply to the court or to the judge in chamber for a certificate (which the judge may, in his or her discretion, grant) that there is probable cause for staying further proceedings until the order of the court on the motion. Service of a copy of the certificate at the time of or after the service of the notice of the motion stays all further proceedings accordingly. In no case shall the judge grant the certificate if the error complained of may, by the direction of the judge to the clerk issuing the process, be corrected, but the judge shall order and the clerk shall make the correction in the process, nor unless the applicant has given notice of the motion to the opposite party, or his or her attorney of record, if they or either of them can be found in the county where the judgment was entered.
2-1305.Motion to stay.
Article II. Civil Practice · Part 13. Judgment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1305 lets a party who plans to move against a judgment get a judge's discretionary certificate of probable cause that pauses further proceedings while the challenge is pending.
Full Text of 735 ILCS 5/2-1305
Plain-English Summary
A party intending to move to set aside a judgment, bond, or other proceeding can ask the court, or a judge in chambers, for a certificate that probable cause exists for staying further proceedings until the motion is decided. The judge grants it at their discretion, and serving a copy of it -- at or after serving notice of the motion -- stays everything else in the case.
Two limits apply: the judge can't grant the certificate if the complained-of error is one the judge can direct the clerk to correct in the process; instead, the judge must order that correction directly. And the certificate can't issue unless the applicant already gave notice of the motion to the opposing party or their attorney of record, if either can be found in the county where judgment was entered.
Frequently Asked Questions
What is a certificate of probable cause under Section 2-1305?
A judge's discretionary certification that further proceedings are stayed while a motion to set aside a judgment, bond, or other proceeding is pending.
Does serving the certificate automatically stop the case?
Yes, service of a copy of the certificate, at or after service of the motion notice, stays all further proceedings.
Can a judge deny the certificate for an error that's just a clerical mistake?
Yes, and instead the judge must order the clerk to correct the process directly.
Do I need to notify the other side before getting this certificate?
Yes, notice of the motion to the opposing party or their attorney of record, if findable in the county, is required.
Is a judge required to grant this certificate?
No, granting it is within the judge's discretion.
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: motion to stay judgment illinoiscertificate of probable cause illinois civilstay proceedings pending motion illinois