Legal Memorandum: Considering a motion for temporary restraining order without an answer from a party

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;
Jurisdiction: Illinois
Cited Cases: 89 Ill.App.3d. 45
Cited Statutes: None
Date: 03/01/2016

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 Dist. 1 2016) (not precedential).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