18-103.Pleadings.
Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/18-103
Plain-English Summary
This section lays out how a quo warranto case is pleaded once it's filed. The People of Illinois are deemed the plaintiff, and the adverse parties are defendants; the plaintiff's opening pleading is called a complaint. That complaint doesn't have to spell out every basis for the challenge — it can allege in general terms that the defendant exercises a claimed right without lawful authority and call on the defendant to show by what warrant they exercise it, joining multiple grounds in a single count if more than one exists.
When a citizen files on their own relation rather than through the Attorney General or State's Attorney, the complaint must allege that the citizen's request to those officials was refused or went unanswered, and that the court granted leave to file, tracking the requirements of Section 18-102.
The section also addresses competing claims to the same office, franchise, privilege, exemption, or license: all such claimants may be joined in a single complaint so their rights can be determined together, though the court may order separate trials when convenience requires it. As in mandamus and ne exeat practice, matters not germane to the proceeding's purpose can't be introduced by joinder, counterclaim, or otherwise.
Finally, the section gives the defendant a choice tied to how the plaintiff pleaded: if the plaintiff spelled out specific grounds, the defendant answers or moves against the complaint as in other civil actions; if the complaint used the general form, the defendant must disclaim or justify by answer, and if justifying, must set out the facts showing lawful authority. The plaintiff may then reply or move against that answer as in other civil cases.
Frequently Asked Questions
Who is the plaintiff in an Illinois quo warranto action?
The People of the State of Illinois; the adverse parties are the defendants.
Does a quo warranto complaint have to spell out the specific grounds for the challenge?
No. It may allege in general terms that the defendant exercises the claimed right without lawful authority, calling on the defendant to show by what warrant they act.
What must a citizen relator's complaint allege that the Attorney General's complaint doesn't?
That the citizen's requests to the Attorney General and State's Attorney to bring the action were refused or went unanswered, and that the court granted leave to file.
Can multiple people claiming the same office be joined in one quo warranto case?
Yes. Section 18-103 allows joining all such claimants in one complaint to determine their respective rights, though the court may order separate trials for convenience.
How must a defendant respond to a general-form quo warranto complaint?
By answer, either disclaiming the claimed right or justifying it, and if justifying, setting out the facts that show lawful authority to exercise it.
Amendment History
(Source: P.A. 82-280.)