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.
14-106.False return.
Article XIV. Mandamus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceShields a defendant against whom damages for a false return have already been recovered from being sued again in a separate action over that same false return.
Full Text of 735 ILCS 5/14-106
Plain-English Summary
A "false return" in mandamus practice is a defendant's untrue response to the writ — a claim, for instance, that a duty was already performed when it wasn't. Section 14-106 addresses what happens after a plaintiff wins damages for that false return in the mandamus case itself.
Once damages are recovered, the defendant cannot be sued again, in any other action or proceeding, for making that same false return. The section prevents double recovery: the mandamus action becomes the sole forum for redressing the false return, so the defendant faces one judgment for it, not a second lawsuit layered on top.
Frequently Asked Questions
What is a false return in an Illinois mandamus case?
It's an untrue response by the defendant to the writ, such as falsely claiming that the required duty had already been performed.
Can a defendant be sued twice for the same false return in a mandamus case?
No. Once damages are recovered against the defendant for a false return, Section 14-106 bars any other action or proceeding over that same false return.
Why does the law limit a defendant to one suit over a false return?
It prevents duplicate recoveries for the same wrong, once the mandamus court has already awarded damages for it.
Does Section 14-106 apply if no damages are recovered?
The bar applies where damages are recovered against the defendant; the section is framed around that recovery.
Does this section address the underlying mandamus duty itself?
No. It addresses only the consequence of a false return once damages are awarded, not the merits of the duty being enforced.
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
Also known as: mandamus false return illinoisfalse return damages mandamusdouble recovery mandamus illinois