2005 Illinois 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.)

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