Illinois Injunction / TRO Bond

Yes, Illinois circuit courts may waive the injunction bond requirement for "good cause shown." Common grounds for waiver include: no likelihood of harm to the defendant, undue hardship to the plaintiff, or the plaintiff's non-profit status. However, the factual basis for waiver must be explicitly supported in the complaint allegations or affidavits - a mere recital in the court order is insufficient. If the defendant does not demand a bond, the issue is waived on appeal.

Governmental entities are exempt from posting an injunction bond in Illinois under 735 ILCS 5/11-103. Only private plaintiffs (movants) may be required to post a bond when seeking a temporary restraining order or preliminary injunction. The bond requirement applies solely to protect private parties from wrongful restraint, not government agencies exercising their authority.

The bond amount is set at the sole discretion of the Illinois circuit court based on potential damages to the restrained party. There is no fixed amount - the court determines "such sum, upon such conditions and with sufficiency as may be deemed proper" under 735 ILCS 5/11-103. The bond must be sufficient to cover costs, damages, litigation expenses, and attorneys' fees if the injunction is later found wrongful.