Illinois Compiled Statutes
735 ILCS 5/18-103 (2026)
Pleadings
✓ current as of May 2026
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(735 ILCS 5/18-103)
(from Ch. 110, par. 18-103)
Sec. 18-103.
Pleadings.
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.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2011–2026 · leading case: People ex rel. Rahn v. Vohra, 2017 IL App (2d) 160953 (Ill. App. Ct. 2017).
People ex rel. Rahn v. Vohra, 2017 IL App (2d) 160953 (Ill. App. Ct. 2017). “Rahn could bring the action as relator because the Illinois Attorney General and the De Kalb County State’s Attorney had both declined to file a quo warranto action against defendant (see 735 ILCS 5/18-103 (West 2016)). ¶3 Rahn alleged further as follows.”
People ex rel. Alvarez v. Price (Ill. App. Ct. 2011). “See 735 ILCS 5/18-103 (West 2008). Accordingly, the State sought leave to intervene as a matter of right and file an amended complaint to correct the deficiencies in Doe's filings.”
RPIL Solar 10, LLC v. City of Aurora, 2026 IL App (2d) 250229-U (Ill. App. Ct. 2026). “735 ILCS 5/18-103 (West 2024). ¶ 16 Section 2-619.”
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