Article XI. Injunction · Part 3. Disbursement of Public Moneys · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires summons to issue once the complaint is filed, with defendants appearing 5 to 10 days later, and gives the action preference in hearing over all other cases.
Full Text of 735 ILCS 5/11-304
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Upon the filing of the complaint, summons shall be issued commanding the defendant or defendants to appear on the day named therein, which shall not be less than 5 days nor more than 10 days thereafter, as shall be directed by the court. Such summons shall be served at least 5 days before the return day thereof in the same manner as summons is served in other civil cases.
Every defendant who is summoned shall appear by filing a pleading or motion in the cause on the return day of the summons as in other civil cases, and such action shall be given preference in hearing over all other cases.
Plain-English Summary
Section 11-304 covers the summons and pleading stage that follows the filing addressed in Sections 11-302 and 11-303. Once the complaint is filed, summons issues commanding the defendant or defendants to appear on a day the court directs, which must be no less than 5 days and no more than 10 days after issuance. That summons must be served at least 5 days before the return day, using the same manner of service used in other civil cases.
Every summoned defendant must appear by filing a pleading or motion in the case on the return day, just as in other civil cases. The action then receives preference in hearing over all other cases -- a priority stronger than the earliest-possible-time language used for TRO-linked preliminary injunction hearings in Section 11-101, reflecting the public interest in resolving disputes over State fund disbursement quickly.
Frequently Asked Questions
How soon must a defendant appear after being served in this kind of action?
Section 11-304 sets the return day for the summons at not less than 5 days nor more than 10 days after the summons issues, with service required at least 5 days before that return day.
How does a defendant appear once served with summons under this section?
The defendant appears by filing a pleading or motion in the case on the return day of the summons, in the same way as in other civil cases.
Does this kind of action get scheduling priority over other cases?
Yes. Section 11-304 states that the action shall be given preference in hearing over all other cases.
Is the manner of serving summons under this section different from other civil cases?
No. The statute requires the summons to be served in the same manner as summons is served in other civil cases; only the timing windows are specified separately.
Does this section apply to actions brought by the Attorney General, a citizen, or both?
It applies to the complaint filed under either track: the Attorney General's complaint under Section 11-302, or the complaint a citizen is granted leave to file under Section 11-303.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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