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60-905. Temporary injunction; notice, hearing and bond. (a) Notice and hearing. No temporary injunction shall be granted until after reasonable notice to the party to be enjoined and an opportunity to be heard.
Under Illinois law, a TRO is an equitable remedy that requires a party to do something or refrain from doing something until such time as the court can hear and review further argument and evidence from the parties.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
For all intents and purposes, a temporary restraining order serves the same purpose as a preliminary injunction. However, unlike a preliminary injunction, a temporary restraining order will expire after ten days and needs to be extended further. 735 ILCS 5/11-101.
The Five Elements Applied Plaintiff Possesses a Clearly Ascertainable Right in Need of Protection. ... Plaintiff has No Adequate Remedy at Law. ... Immediate Threat of Irreparable Harm. ... Plaintiff has a Likelihood of Success on the Merits. ... Balancing of the Equities.