Illinois Compiled Statutes 735 ILCS 5/2-1501 – Writs abolished
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The function which was, prior to January 1, 1979, performed by a writ of execution to enforce a judgment or order for the payment of money, or by the writs of mandamus, injunction, prohibition, sequestration, habeas corpus, replevin, ne exeat or attachment, or by the writ of possession in an action of ejectment, or by the writ of restitution in an eviction action, or by the writ of assistance for the possession of real estate, or by a temporary restraining order, shall hereafter be performed by a copy of the order or judgment to be enforced, certified by the clerk of the court which entered the judgment or order.
The clerk’s certification shall bear a legend substantially as follows:
I hereby certify the above to be correct.
Dated ……………………..
The clerk’s certification shall bear a legend substantially as follows:
Terms Used In Illinois Compiled Statutes 735 ILCS 5/2-1501
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
I hereby certify the above to be correct.
Dated ……………………..
(Seal of Clerk of Circuit Court)
…………………………..
Clerk of the Circuit Court of ………….. Illinois.
This order is the command of the Circuit Court and violation thereof is subject to the penalty of the law.