Illinois Compiled Statutes
735 ILCS 5/3-105 (2026)
Service of summons
✓ current as of May 2026
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(735 ILCS 5/3-105)
(from Ch. 110, par. 3-105)
Sec. 3-105. Service of summons. Summons issued in any action to review
the final administrative decision of any administrative agency shall be
served by registered or certified mail on the administrative agency and on
each of the other defendants except in the case of a review of a final
administrative decision of the regional board of school trustees, regional
superintendent of schools, or State Superintendent of Education, as the
case may be, when a committee of 10 has been designated as provided in
Section 7-6 of the School Code, and in such case only the administrative
agency involved and each of the committee of 10 shall be served. The method of service shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, summons shall be deemed to have been served either when a copy of the summons is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an employee, agent, or
member of an administrative agency, board, committee, or government entity,
acting in his or her official capacity, where the administrative agency, board,
committee, or government entity has been served as provided in this Section.
Service on the director or agency head, in his or her official capacity, shall
be deemed service on the administrative agency, board, committee, or government
entity. No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an administrative
agency, board, committee, or government entity, acting, where the director or
agency head, in his or her official capacity, has been served as provided
in this Section.
Service on the administrative agency shall be made by the clerk of the
court by sending a copy of the summons addressed to the agency at its main
office in the State. The clerk of the court shall also mail a copy of the
summons to each of the other defendants, addressed to the last known place
of residence or principal place of business of each such defendant. The
plaintiff shall, by affidavit filed with the complaint, designate the last
known address of each defendant upon whom service shall be made. The
certificate of the clerk of the court that he or she has served such
summons in pursuance of this Section shall be evidence that he or she
has done so.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1998–2025 · leading case: Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. of Sch. Trs., 843 N.E.2d 273 (Ill. 2006).
Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. of Sch. Trs., 843 N.E.2d 273 (Ill. 2006). “, dissenting), quoting 735 ILCS 5/3-105, 3-107(a). Justice Fitzgerald then suggests that, as the more specific provision, section 3-105 controls.”
Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007). “This court should address the constitutionality of section 3-103(2) as originally raised by the parties to this appeal because Ultsch properly seeks relief under the challenged statute. For these reasons, I respectfully dissent from the majority opinion.”
Merritt v. The Dep't of State Police, 2016 IL App (4th) 150661 (Ill. App. Ct. 2016). “Defendants further maintained, in part, Merritt's complaint must be dismissed because Merritt failed to comply with section 3-103 of the Code of Civil Procedure (735 ILCS 5/3-105 (West 2014)), which requires summons to be issued within 35 days of the "final administrative…”
Beggs v. The Bd. of Educ. of Murphysboro Cmty. Unit Sch. Dist. No. 186, 2016 IL 120236 (Ill. 2016). “” 735 ILCS 5/3-105 (West 2012). Moreover, the Act states that the form of summons and “the issuance of alias summons shall be according to rules of the Supreme Court.”
Ryan v. Zoning Bd. of Appeals of the City of Chicago, 2018 IL App (1st) 172669 (Ill. App. Ct. 2018). “735 ILCS 5/3-105 (West 2016). Section 3-105 also provides, "The form of the summons * * * shall be according to *598 *447 rules of the Supreme Court.”
Beggs v. The Bd. of Educ. of Murphysboro Cmty. Unit Sch. Dist. No. 186, 2016 IL 120236 (Ill. 2017). “” 735 ILCS 5/3-105 (West 2012). Moreover, the Act states that the form of 9 We also note that section 24-16 of the School Code (105 ILCS 5/24-16 (West 2012)) specifically provides that the provisions of the Act “shall apply to and govern all proceedings instituted for the…”
Carver v. Nall, 714 N.E.2d 486 (Ill. 1999). “101. The clerk serves summons via certified or registered mail.”
Palos Bank & Trust Co. v. Illinois Prop. Tax Appeal Bd., 2015 IL App (1st) 143324 (Ill. App. Ct. 2015). “” 735 ILCS 5/3-105 (West 2012). The record contains no such affidavit from Palos.”
Ryan v. Zoning Bd. of Appeals, 2018 IL App (1st) 172669 (Ill. App. Ct. 2019). “735 ILCS 5/3-105 (West 2016). Section 3-105 also provides, “The form of the summons *** shall be according to rules of the Supreme Court.”
Catledge v. Dowling, 2017 IL App (1st) 162033 (Ill. App. Ct. 2017). “Defendants filed a motion to dismiss the complaint pursuant to section 2-619(a)(9) of the Code (735 ILCS 5/2-619(a)(9) (West 2014)), claiming that plaintiff failed to (1) exhaust his administrative remedies and (2) file an affidavit as required by section 3-105 of the…”
Catledge v. Dowling, 2017 IL App (1st) 162033 (Ill. App. Ct. 2017). “-2- Law (735 ILCS 5/3-105 (West 2014)). Specifically, the motion to dismiss argued that plaintiff failed to file a motion for rehearing within 10 days of the date the Acting Director’s order was mailed, as required by section 2402.”
X-Gen Pharm., Inc v. The Dep't of Fin. & Prof'l Reg., 2020 IL App (4th) 190657-U (Ill. App. Ct. 2020). “¶ 26 Section 3-105 of the Review Law (735 ILCS 5/3-105 (West 2018)) addresses the service of summons.”
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