§ 17 — Stay

(a) Except as otherwise provided in subsections (d) through (g), on the filing of a motion under Section 15 of this Act: (1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (2) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion to dispose of a claim under Section 15. (b) A stay under subsection (a) remains in effect until entry of an order ruling on the motion to dispose of the claim under Section 15 and expiration of the time under Section 20 to appeal the order. (c) Except as otherwise provided in subsections (e), (f), and (g), if a party appeals from an order ruling on the motion to dispose of the claim, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal. (d) During a stay under subsection (a), the court may allow limited discovery as provided in Section 20. (e) A motion under Section 25 for costs, attorney's fees, and expenses is not subject to a stay under this Section. (f) A stay under this Section does not affect a party's ability voluntarily to dismiss a cause of action in whole or in part. (g) During a stay under this Section, the court for good cause may hear and rule on: (1) a motion unrelated to the motion to dispose of the claim under Section 15; and (2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

Legislative History

(Source: P.A. 104-431, eff. 8-21-25.)