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Illinois Compiled Statutes

735 ILCS 5/14-103 (2026)

Defendant to plead

✓ current as of May 2026
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(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
    Sec. 14-103. Defendant to plead. Every defendant who is served with summons shall answer or otherwise plead on or before the return day of the summons, unless the time for doing so is extended by the court. If the defendant defaults, judgment by default may be entered by the court. No matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)

    
Notes of Decisions
Cited in 5 cases, 1999–2015 · leading case: Owens v. Snyder, 811 N.E.2d 738 (Ill. App. Ct. 2004).
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Owens v. Snyder, 811 N.E.2d 738 (Ill. App. Ct. 2004). · cites it 3× “735 ILCS 5/14-103 (West 2002). Other sections under the mandamus statute provide for the plaintiff's reply and amendments to an inadequate complaint.”
Morgan v. Dep't of Fin. & Prof'l Reg., 903 N.E.2d 799 (Ill. App. Ct. 2009). “2d 738 (2004) (trial court had discretion to deny complaint for mandamus even though defendant failed to challenge it because section 14-103 of the Code of Civil Procedure (735 ILCS 5/14-103 (West 2002)) provides that "`[i]f the defendant defaults, judgment by default may be…”
Carroll v. Akpore, 2014 IL App (3d) 130731 (Ill. App. Ct. 2015). “3d 175 (2003), the appellate court rejected the inherent authority analysis and held that the mandamus -2- statute, which is contained in the Code of Civil Procedure (735 ILCS 5/14-103 (West 2010)) (the Code) does not authorize the trial court to summarily dismiss a complaint…”
Carroll v. Akpore, 2014 IL App (3d) 130731 (Ill. App. Ct. 2014). “3d 175 (2003), the appellate court rejected the inherent authority analysis and held that the mandamus statute, which is contained in the Code of Civil Procedure (735 ILCS 5/14-103 (West 2010)) (the 2 Code)) does not authorize the trial court to summarily dismiss a complaint for…”
Durbin v. Gilmore (Ill. App. Ct. 1999). “The record does not show defendants' motion to dismiss being denied, nor did plaintiff file a motion for judgment on the pleadings (735 ILCS 5/2-615(e) (West 1996)).”
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