Illinois Statutes

§ 19-107 — Hearing for entry of order

Illinois·Topic RIGHTS AND REMEDIES·Ch. 735 CIVIL PROCEDURE·Act 735 ILCS 5/ Code of Civil Procedure.·Art. Article XIX - Replevin
At the hearing on the entry of an order for replevin, which may be a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte hearing pursuant to a finding under Section 19-106 of this Act, the court shall review the basis of the plaintiff's claim to possession. If the plaintiff establishes a prima facie case to a superior right to possession of the disputed property, and if the plaintiff also demonstrates to the court the probability that the plaintiff will ultimately prevail on the underlying claim to possession, the court shall so find as a matter of record and an order for replevin shall be entered by the court.

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Legislative History

(Source: P.A. 82-280.)

Nearby Sections

15
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