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18-103.Pleadings.

Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSets out quo warranto pleading rules: the People are plaintiff, the complaint may be general or specific, a citizen relator must allege the required refusal and leave of court, multiple claimants to the same office may be joined, and unrelated matters are barred.

Full Text of 735 ILCS 5/18-103

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The People of the State of Illinois shall be deemed the plaintiff and the adverse parties shall be defendants, and the first pleading by the plaintiff shall be designated a complaint. The complaint need not set forth the basis of the challenge, but may in general terms allege that the defendant is exercising the claimed right without lawful authority and call upon the defendant to show by what warrant he, she or it exercises it, and if more than one ground exists they may all be joined in one count. When the complaint is filed by a citizen on his or her own
relation, it shall be alleged therein that his or her requests of the Attorney General and the State's Attorney, respectively, to bring the action, have been refused, or that they have failed to act, as the case may be, and that leave of court to file the complaint has been granted as provided in Article XVIII of this Act.
The several rights of diverse parties to the same office or franchise, privilege, exemption or license, may properly be determined in one action, and all such persons may be joined in the same complaint, in order to try their respective rights to such office, franchise, privilege, exemption or license; but the court, in its discretion, may order separate trials when convenience in the determination of any of such rights so requires. No matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise.
If the plaintiff elects to set forth expressly in the complaint the grounds for an attack on the defendant's claimed right, the defendant may answer the complaint or present a motion directed thereto as in other civil actions, but if the complaint is in general terms, as provided in Article XVIII of this Act, the defendant shall by answer disclaim or justify, and, if the defendant justifies, shall set out the facts which show the lawful authority to exercise the right claimed. The plaintiff may reply to the answer or present a motion directed thereto as in other civil cases.

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.)

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
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