18-107.Seeking wrong remedy not fatal.

Section 18-107 applies the same wrong-remedy rule found in Section 14-109 for mandamus and Section 16-111 for ne exeat, now to quo warranto proceedings. If the court determines, on a motion directed at the pleadings, a motion for summary judgment, or at trial, that the plaintiff pleaded or established facts entitling them to relief but pursued the wrong remedy, the court permits amendment on just and reasonable terms and grants the relief the plaintiff is entitled to.

The same fairness factors apply: the court weighs the defendant's right to raise additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and any additional steps the plaintiff must now take that weren't required under the earlier pleadings.

Its presence here, worded identically to the mandamus version in Section 14-109 (and applying the same rule, with petitioner/respondent variants, in the ne exeat version in Section 16-111), confirms the legislature's consistent approach: across Illinois's extraordinary remedies, a plaintiff who proves their case shouldn't lose it over a label, but a defendant's fair-notice interests still have to be weighed before the pleadings shift.