An Illinois civil litigant may ask the court to enter a temporary restraining order (TRO) and preliminary injunction directing another party to engage or refrain from engaging in certain conduct pending further action by the court. In the most common scenario, a plaintiff moves for preliminary injunctive relief at or near the outset of the litigation when the adversary's conduct threatens to cause the plaintiff immediate and irreparable harm for which money damages are insufficient. A defendant also may move for preliminary injunctive relief.

Orders granting preliminary injunctive relief are of a limited duration. Ordinarily, the purpose of preliminary injunctive relief is to maintain the pre-dispute status quo between the parties until the court can conduct a hearing on the merits of the case. In limited circumstances, a party may seek preliminary injunctive relief that alters the status quo.

A party may request a TRO with notice to the opposing party or, in cases of extreme emergency, on an ex parte basis, but can only move for a TRO if it also moves for a preliminary injunction. A party may seek a preliminary injunction with or without first seeking a TRO. An ex parte TRO lasts only ten days, unless the court extends it for an additional ten days on a showing of good cause or by agreement of the parties. A TRO granted with notice to the adversary lasts only until the court conducts a hearing on the motion for preliminary injunction, and a preliminary injunction lasts only until trial on the merits.

This Preliminary Injunctive Relief Toolkit contains resources to help counsel draft and file a motion for TRO and a motion for a preliminary injunction in Illinois circuit court civil litigation, either with the case-initiating documents or after the plaintiff files its lawsuit. These resources also address preparing for a hearing on the motion, post-hearing procedures, such as obtaining a bond, taking expedited discovery, and addressing potential damages for wrongfully issued injunctive relief, and appealing an order granting or denying preliminary injunctive relief.