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.
14-103.Defendant to plead.
Article XIV. Mandamus · Last amended 1998 · Last verified July 20, 2026
In one sentenceRequires a defendant served with a mandamus summons to answer or plead by the return day or risk default, and bars unrelated claims from being joined into the case.
Full Text of 735 ILCS 5/14-103
Plain-English Summary
This section sets the pace for a defendant once served with a mandamus summons: answer or otherwise plead by the return day, unless the court extends the time. Miss that deadline, and the plaintiff can obtain a default judgment.
The section also fences off the proceeding from unrelated matters. It bars joinder, counterclaims, or any other device for injecting issues that don't bear on the case's distinctive purpose — testing whether the defendant must perform a legal duty. That keeps a mandamus case focused on the one question that matters, rather than becoming a vehicle for the defendant's own unrelated claims against the plaintiff.
Read together with Section 14-102, this section completes the opening moves of a mandamus case: summons issues, then the defendant must respond promptly and on point.
Frequently Asked Questions
What must a defendant do after being served with a mandamus summons?
The defendant must answer or otherwise plead on or before the return day of the summons, unless the court extends that time.
What happens if a mandamus defendant doesn't answer in time?
The court may enter a default judgment against the defendant.
Can a mandamus defendant raise unrelated claims through a counterclaim?
No. Section 14-103 bars matters not germane to the proceeding's distinctive purpose from being introduced by joinder, counterclaim, or otherwise.
Why does mandamus procedure limit counterclaims and joinder?
Mandamus exists to test a narrow question — whether the defendant must perform a legal duty — and keeping out unrelated matters lets the court resolve that question without delay.
Can the court extend a mandamus defendant's time to answer?
Yes. Section 14-103 lets the court extend the time to plead beyond the return day set in the summons.
Amendment History
(Source: P.A. 90-655, eff. 7-30-98.)
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: mandamus default judgment illinoismandamus answer deadline illinoisgermane matters mandamus illinoismandamus counterclaim bar