2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 5/ - Code of Civil Procedure. › Article XIV - Mandamus

(735 ILCS 5/Art. XIV heading)
ARTICLE XIV
MANDAMUS
(735 ILCS 5/14-101) (from Ch. 110, par. 14-101)
Sec. 14-101. 
		Action commenced by plaintiff. 
		In all proceedings commenced
under Article XIV of this Act the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 83-707.)
(735 ILCS 5/14-102) (from Ch. 110, par. 14-102)
Sec. 14-102. 
		Summons to issue. 
		Upon the filing of a complaint
for mandamus the clerk of the court shall issue a summons, in like form,
as near as may be as summons in other civil cases.
The summons shall be
made returnable within a time designated by the plaintiff not less than 5 nor
more than 30 days after the service of the summons.
(Source: P.A. 83-357.)
(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
Sec. 14-103. 
		Defendant to plead. 
		Every defendant who is served with summons
shall answer or otherwise plead on or before the return day of the
summons, unless the time for doing so is extended by the court.  If the
defendant defaults, judgment by default may be entered by the court.  No
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)
(735 ILCS 5/14-104) (from Ch. 110, par. 14-104)
Sec. 14-104. 
		Reply by plaintiff. 
		The plaintiff may reply or otherwise
plead to the answer,
within 5 days after the last day allowed
for the filing of the answer, unless the time for doing so is extended and
further pleadings may be had as in
other civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/14-105) (from Ch. 110, par. 14-105)
Sec. 14-105. 
		Judgment - Costs. 
		If judgment is entered in favor of
the plaintiff, the plaintiff shall recover
damages and costs.
If judgment is entered in favor of the defendant, the defendant shall recover costs.
(Source: P.A. 82-280.)
(735 ILCS 5/14-106) (from Ch. 110, par. 14-106)
Sec. 14-106. 
		False return. 
		If damages are recovered against the defendant,
the defendant shall not
be liable to be sued in any other action or proceeding for making a false
return.
(Source: P.A. 82-280.)
(735 ILCS 5/14-107) (from Ch. 110, par. 14-107)
Sec. 14-107. 
		Successor in office. 
		The death, resignation or removal from
office, by lapse of
time or otherwise, of any defendant, shall not have the effect to abate
the proceeding, and upon a proper showing, the officer's successor may be
made a party thereto, and any relief
may be directed against the successor officer.
(Source: P.A. 82-280.)
(735 ILCS 5/14-108) (from Ch. 110, par. 14-108)
Sec. 14-108. 
		Other remedy - Amendments. 
		The proceedings for mandamus shall not be
dismissed nor the relief denied because the plaintiff may have another
judicial remedy, even where such other remedy will afford proper and
sufficient relief; and amendments may be allowed as in other civil
cases.
(Source: P.A. 82-280.)
(735 ILCS 5/14-109) (from Ch. 110, par. 14-109)
Sec. 14-109. 
		Seeking wrong remedy not fatal. 
		Where relief is sought under Article XIV of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)