Issue: Under Illinois law, absent a verified answer from a party, may the court consider evidence or affidavits opposing a temporary restraining order?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure|
|Keywords:||; Temporary; Retraining Order; Absent; Verified; Answer; Party; Evidence; Affidavits;|
|Cited Cases:||89 Ill.App.3d. 45|
On a motion for a temporary restraining order, it has long been held that in the absence of a verified answer, the court should not receive or consider evidence or affidavits from the opposing party. Russell v. Howe, 293 Ill.App.3d 293, 296 (1997); Carriage Way Apartments v. Pojman, 172 Ill.App.3d 827, 836 (1988); Kurle v. Evangelical Hospital Association, 89 Ill.App.3d. 45, 48 (1980).
Bridgeview Bank Group v. Meyer, 2016.IL.160042-U (Ill. App. Dist. 1 2016) (not precedential).
Date: March 1, 2016