Illinois Compiled Statutes

735 ILCS 5/3-106 (2026)

Appearance of defendants

✓ current as of May 2026
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(735 ILCS 5/3-106) (from Ch. 110, par. 3-106)
    Sec. 3-106. Appearance of defendants. In any action to review any final decision of any administrative agency, the agency shall appear by filing an answer consisting of a record of the proceedings had before it, or a written motion in the cause or a written appearance. All other defendants desiring to appear shall appear by filing a written appearance. Every appearance shall be filed within the time fixed by rule of the Supreme Court, and shall state with particularity an address where service of notices or papers may be made upon the defendant so appearing, or his or her attorney.
(Source: P.A. 88-1.)

    
Notes of Decisions
Cited in 9 cases, 1999–2020 · leading case: Finko v. City of Chicago Dep't of Admin. Hearings, 2016 IL App (1st) 152888 (Ill. App. Ct. 2016).
Finko v. City of Chicago Dep't of Admin. Hearings, 2016 IL App (1st) 152888 (Ill. App. Ct. 2016). “¶7 On January 21, 2015, in response to the trial court's order, the city of Chicago filed a complete record of the proceedings to support its position on ticket #918567656 pursuant to section 3-106 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/3-106 (West 2014)).…”
Finko v. City of Chicago Dep't of Admin. Hearings, 2016 IL App (1st) 152888 (Ill. App. Ct. 2017). “918567656 pursuant to section 3-106 of the Code of Civil Procedure (Code) (735 ILCS 5/3-106 (West 2014)). The record included a copy of ticket No.”
Mannheim Sch. Dist. No. 83 v. Teachers' Ret. Sys. of Illinois, 2015 IL App (4th) 140531 (Ill. App. Ct. 2015). “See 735 ILCS 5/3-106 (West 2012). As the supreme court concluded in Ultsch, the Board is the "administrative agency" as that term is defined by the Administrative Review Law.”
Mannheim Sch. Dist. No. 83 v. Teachers' Ret. Sys. of Illinois, 2015 IL App (4th) 140531 (Ill. App. Ct. 2015). “See 735 ILCS 5/3-106 (West 2012). As the supreme court concluded in Ultsch, the Board is the “administrative agency” as that term is defined by the Administrative Review Law.”
Gu v. The Dep't of Emp. Sec., 2015 IL App (3d) 140595 (Ill. App. Ct. 2015). “¶ 12 The Board filed its administrative record as its answer to plaintiff's complaint pursuant to section 3-106 of the Code of Civil Procedure (735 ILCS 5/3-106 (West 2012)). Plaintiff filed a motion for summary judgment, arguing that the Board's answer did not respond to any of…”
Jones v. Cahokia Unit Sch. Dist. No. 187 (Ill. App. Ct. 2006). · cites it 2× “It is particularly important that the administrative agency which rendered the final administrative decision be named and served as a defendant, because it is this agency which must file an answer consisting of a record of the proceedings before it (735 ILCS 5/3-106 (West…”
Mehdaoui v. City of Chicago Dep't of Admin. Hearings, 2020 IL App (1st) 182720 (Ill. App. Ct. 2020). “The City filed the record of the proceedings as its answer to the complaint pursuant to section 3-106 of the Code of Civil Procedure (Code) (735 ILCS 5/3-106 (West 2016)). The circuit court set a briefing schedule on the complaint and heard arguments.”
Illinois Dep't of Human Servs. v. Porter (Ill. App. Ct. 2009). “735 ILCS 5/3-106 (West 2008). The time within which to file an appearance under the supreme court rules is 30 days.”
Dimensions Med. Ctr., Ltd. v. Elmhurst Outpatient Surgery Ctr., L.L.C. (Ill. App. Ct. 1999). “BACKGROUND Pursuant to section 3-106 of the Code of Civil Procedure (Code) (735 ILCS 5/3-106 (West 1996)), the Board filed the record of administrative proceedings as its answer to Access and Dimensions' complaint.”
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