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14-101.Action commenced by plaintiff.

Article XIV. Mandamus · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceRequires a mandamus case to be captioned with the real plaintiff's name, dropping the old common-law style of suing as "People ex rel." or "People on the relation of."

Full Text of 735 ILCS 5/14-101

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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".

Plain-English Summary

Mandamus is an extraordinary remedy: a court order compelling a public official, board, or body to perform a duty the law already requires of them. At common law, the person seeking that order sued in the name of the sovereign, styled "People ex rel. [name] v. [official]." This section drops that formality for Illinois mandamus complaints filed under Article XIV.

The person who wants relief is named as plaintiff, plain and simple. The change is a matter of form, not substance. It does not alter who may sue, what must be proven, or what relief a court may order. It just lets the caption reflect the real party bringing the case, matching how every other civil action in Illinois is styled.

Because this section opens Article XIV, it also signals that the sections following it govern mandamus procedure specifically, borrowing from ordinary civil practice but adapted to a remedy aimed at forcing official action.

Frequently Asked Questions

What is a mandamus action under Illinois law?

Mandamus is a civil action asking a court to order a public official or body to carry out a duty the law already imposes on them, rather than to decide a dispute over rights between private parties.

Why did the caption change from "People ex rel." to a plaintiff's own name?

The legislature simplified mandamus pleading practice so it reads like other civil complaints, with the real party in interest named as plaintiff instead of nominally suing in the name of the People.

Does dropping the "People ex rel." phrase change who can bring a mandamus case?

No. Section 14-101 addresses only how the case is captioned. It does not change who has standing to seek mandamus or what that person must prove.

Does this section list what a plaintiff must prove to win mandamus?

No. The grounds and elements of mandamus come from case law, not from this section, which addresses captioning only.

Does this section apply to every mandamus complaint filed in Illinois?

Yes. It applies to all proceedings commenced under Article XIV, meaning every mandamus case filed under the Code of Civil Procedure.

Amendment History

(Source: P.A. 83-707.)

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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