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Illinois Compiled Statutes

735 ILCS 5/2-1305 (2026)

Motion to stay

✓ current as of May 2026
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(735 ILCS 5/2-1305) (from Ch. 110, par. 2-1305)
    Sec. 2-1305. Motion to stay. A party intending to move to set aside any judgment, bond or other proceeding may apply to the court or to the judge in chamber for a certificate (which the judge may, in his or her discretion, grant) that there is probable cause for staying further proceedings until the order of the court on the motion. Service of a copy of the certificate at the time of or after the service of the notice of the motion stays all further proceedings accordingly. In no case shall the judge grant the certificate if the error complained of may, by the direction of the judge to the clerk issuing the process, be corrected, but the judge shall order and the clerk shall make the correction in the process, nor unless the applicant has given notice of the motion to the opposite party, or his or her attorney of record, if they or either of them can be found in the county where the judgment was entered.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 3 cases, 2001–2011 · leading case: In Re India B., 782 N.E.2d 224 (Ill. 2002).
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In Re India B., 782 N.E.2d 224 (Ill. 2002). · cites it 2× “We first note that respondent's mistaken claim that she sought a stay at the time of the July 7, 1999, default judgment seems to be the result of her confusion over the difference between a stay of the enforcement of a judgment (735 ILCS 5/2-1305 (West 2000); 155 Ill.2d R.”
In Re Est. of Parker, 957 N.E.2d 454 (Ill. App. Ct. 2011). “In addition, respondent moved under section 2-619(a)(5) to dismiss the proceedings for an accounting as barred pursuant to the statute of limitations under Code section 2-1305 (735 ILCS 5/2-1305 (West 2008)). Respondent asserted that all the transactions at issue occurred more…”
Johnson v. Wal-Mart Stores, Inc. (Ill. App. Ct. 2001). “On December 27, 1999, defendant filed a motion to vacate and set aside default judgment pursuant to section 2-1305 of the Code (735 ILCS 5/2-1305 (West 1998)), which was denied on April 10, 1999.”
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