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.
14-102.Summons to issue.
Article XIV. Mandamus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects the clerk to issue a summons after a mandamus complaint is filed, using the same form as other civil summonses and a return date the plaintiff sets between 5 and 30 days out.
Full Text of 735 ILCS 5/14-102
Plain-English Summary
Once a plaintiff files a mandamus complaint, the case needs to move. This section puts that job on the clerk, who issues a summons just as in any other civil case, so the defendant public official or body learns of the suit and the deadline to respond.
The plaintiff picks the return date, but the choice isn't unlimited: it must fall no sooner than 5 days and no later than 30 days after service. That range keeps mandamus cases moving faster than ordinary civil litigation, which fits a remedy meant to force official action rather than resolve a sprawling dispute.
This section pairs with Section 14-103, which tells the defendant what happens once served: answer or plead by the return day, or risk a default judgment.
Frequently Asked Questions
Who issues the summons in an Illinois mandamus case?
The clerk of the court issues the summons once the plaintiff files the mandamus complaint, using a form like the summons used in other civil cases.
How soon must a mandamus summons be returnable?
The plaintiff sets the return date, but it must be no less than 5 days and no more than 30 days after the defendant is served.
Who chooses the return date on a mandamus summons?
The plaintiff designates the return date, within the 5-to-30-day window Section 14-102 sets.
What happens if the defendant misses the return date?
Section 14-103 addresses that: a defendant who fails to answer or plead by the return day risks a default judgment.
Is the mandamus summons different from a quo warranto summons?
They follow a similar pattern. Section 18-106 sets the same 5-to-30-day return window for quo warranto summonses, reflecting the shared goal of quick resolution in these extraordinary remedies.
Amendment History
(Source: P.A. 83-357.)
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
Also known as: illinois mandamus summonsmandamus return date illinoisfiling a mandamus complaint illinoisserving mandamus summons illinois