Upon the filing of the complaint, the clerk of court shall issue a summons, in like form, as near as may be, as summons in other civil cases. The summons shall be made returnable within a time designated by the plaintiff not less than 5 nor more than 30 days after the service of the summons. Every defendant who is served with summons shall answer or otherwise appear on or before the return day of the summons, unless the time for doing so is extended by the court. If the defendant fails to do so, judgment may be entered against the defendant. Reply to or motion directed against the answer may be filed by the plaintiff within 5 days after the last day allowed for the filing of the answer, unless the time for doing so is extended by the court.
18-106.Summons - Appearance.
Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGoverns quo warranto summons and appearance: the clerk issues summons returnable in 5 to 30 days, the defendant must answer or appear by the return day or risk judgment, and the plaintiff has 5 days to reply.
Full Text of 735 ILCS 5/18-106
Plain-English Summary
This section runs quo warranto through nearly the same procedural sequence Article XIV sets for mandamus. Upon the complaint being filed, the clerk issues a summons in the same form used in other civil cases, returnable within a window the plaintiff designates: not less than 5, not more than 30, days after service.
Every defendant served with that summons must answer or otherwise appear by the return day, unless the court extends the time. A defendant who fails to do so faces judgment entered against them. The plaintiff, in turn, may file a reply to the answer, or a motion against it, within 5 days after the last day allowed for filing that answer, again subject to extension by the court.
The parallel to mandamus procedure (Sections 14-102 and 14-103) is deliberate: both remedies are meant to reach a prompt resolution rather than drag through the ordinary civil calendar.
Frequently Asked Questions
How is a quo warranto summons issued?
The clerk of court issues it upon the complaint being filed, in a form like the summons used in other civil cases.
What is the return window for a quo warranto summons?
Not less than 5 nor more than 30 days after service, as designated by the plaintiff.
What happens if a quo warranto defendant doesn't answer or appear by the return day?
Judgment may be entered against the defendant.
How long does the plaintiff have to reply to a quo warranto answer?
5 days after the last day allowed for filing the answer, unless the court extends that time.
Does this section resemble the mandamus summons procedure?
Yes, it closely tracks Sections 14-102 and 14-103, reflecting a shared legislative approach to moving these extraordinary remedies quickly.
Amendment History
(Source: P.A. 83-357.)
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: quo warranto summons illinoisquo warranto answer deadlinequo warranto default judgment illinois