The proceedings for mandamus shall not be dismissed nor the relief denied because the plaintiff may have another judicial remedy, even where such other remedy will afford proper and sufficient relief; and amendments may be allowed as in other civil cases.
14-108.Other remedy - Amendments.
Article XIV. Mandamus · Not amended since adoption on record · Last verified July 20, 2026
In one sentencePrevents dismissal of a mandamus case just because the plaintiff had another judicial remedy available, even an adequate one, and allows the pleadings to be amended as in any other civil action.
Full Text of 735 ILCS 5/14-108
Plain-English Summary
Historically, mandamus was framed as a remedy of last resort — unavailable if another adequate remedy existed. Section 14-108 cuts that off for Illinois practice. A mandamus proceeding cannot be dismissed, and relief cannot be denied, merely because the plaintiff had another judicial remedy, even one that would afford proper and sufficient relief.
The section also folds mandamus into ordinary civil practice on amendments: they may be allowed just as in other civil cases. Together, these two rules keep mandamus available and flexible, rather than a narrow, easily-defeated remedy that turns on whether some other avenue existed on paper.
Frequently Asked Questions
Can a mandamus case be dismissed because another remedy was available?
No. Section 14-108 bars dismissal or denial of relief on that basis, even if the other remedy would have provided proper and sufficient relief.
Does this section change the substantive standard for granting mandamus?
No. It removes one procedural bar — the existence of another remedy — without altering the substantive elements a plaintiff must still prove.
Can a mandamus complaint be amended?
Yes. Section 14-108 allows amendments as in other civil cases.
Why did the legislature remove the "other remedy" bar to mandamus?
Treating the availability of some other remedy as automatically fatal made mandamus fragile and technical; this section lets courts reach the merits instead.
Does Section 14-109 relate to this section?
Yes. Section 14-109 works alongside it, letting a plaintiff who sought the wrong remedy amend the pleadings rather than lose the case outright.
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 other adequate remedy illinoisamending mandamus complaint illinoismandamus not barred by other remedy