ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/13-216 (2026)

Stay of action

✓ current as of May 2026
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(735 ILCS 5/13-216) (from Ch. 110, par. 13-216)
    Sec. 13-216. Stay of action. When the commencement of an action is stayed by injunction, order of a court, or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 1993–2026 · leading case: Shaun R. Johnson v. Officer Ruben Rivera, Officer Matthew Martinez, Officer Geoffrey Howard, & Officer William Pellegrini, 272 F.3d 519 (7th Cir. 2001).
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Shaun R. Johnson v. Officer Ruben Rivera, Officer Matthew Martinez, Officer Geoffrey Howard, & Officer William Pellegrini, 272 F.3d 519 (7th Cir. 2001). · cites it 2× “” However, the district court reasoned that Johnson should have realized the futility of the grievance process and filed his claim anyway.”
Zollman v. Gregory, 744 N.E.2d 497 (Ind. Ct. App. 2001). · cites it 2× “See 735 ILCS 5/13-216 (Illinois statute providing, "When the commencement of an action is stayed by injunction .”
Harris Bank, N.A. v. Werner (In Re Werner), 386 B.R. 684 (Bankr. N.D. Ill. 2008). · cites it 2× “He noted that 735 ILCS 5/13-216, the statute described earlier in this opinion, permits the tolling of a statute of limitations if commencement of an action is stayed by order of a court: Admittedly, this court’s stay of discovery in and of itself did not prevent Brenda from…”
Santiago, Anibal v. Snyder, Donald, 211 F. App'x 478 (7th Cir. 2006). “Santiago next argues that the plain language of the Illinois tolling statute, 735 ILCS 5/13-216, requires that the statute of limitations be tolled from the time of his alleged injury until the time when he exhausted administrative remedies.”
Hendrix v. Page, 622 N.E.2d 564 (Ind. Ct. App. 1993). “2d at 121 ; see 735 ILCS 5/13-216 ("When the commencement of an action is stayed by injunction .”
Muhammed v. ICNA Relief USA, 2020 IL App (2d) 190828-U (Ill. App. Ct. 2020). “”); 735 ILCS 5/13-216 (West 2018) (when the commencement of an action is stayed by an injunction, the time enjoined is not part of the time limited for the commencement of the action).”
Johnson, Shaun R. v. Rivera, Officer (7th Cir. 2001). · cites it 2× “First, he claims that the district court should have tolled the statute of limitations pursuant to 735 ILCS 5/13-216 because the PLRA required Johnson to exhaust his administrative remedies before filing suit.”
Ritchie Capital Mgmt., LLC v. McGladrey & Pullen, LLP, 2019 IL App (1st) 180806-U (Ill. App. Ct. 2019). “” 735 ILCS 5/13-216 (West 2016). Accordingly, although the complaint alleges acts and omissions occurring as early as 2003, plaintiffs contend that the statute of limitations and the statute of repose as proscribed by section 13-214.”
Robinson v. Grazyk (N.D. Ill. 2019). “(citing 735 ILCS 5/13-216). In the case of Section 1983 claims, such a statutory prohibition exists—the PLRA, which requires plaintiffs to exhaust administrative remedies before filing suit.”
McMurtry v. Wexford Health Source, Inc. (N.D. Ill. 2021). “” 735 ILCS 5/13-216 (emphasis added). So “a federal court applying Illinois law must toll the statute of limitations if a ‘statutory prohibition’ exists that prevents a plaintiff’s cause of action.”
Christmas v. Wexford Health Sources, Inc. (S.D. Ill. 2021). “It would clearly prejudice Defendant to allow Plaintiff to hale her into Court beyond statutory time limits because she conducted an eye exam during the relevant time.”
Balderas v. Hale (S.D. Ill. 2021). “However, pursuant to 735 ILCS 5/13-216, “[w]hen the commencement of an action is stayed by … statutory prohibition, the time of the continuance of the … prohibition is not part of the time limited for the commencement of the action” (emphasis added).”
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