Illinois Compiled Statutes 735 Civil Procedure: Article X - Habeas Corpus

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-101
  Action commenced by plaintiff. In all proceedings commenced under Article X of this Act, the name of the person seeking the relief afforded by...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-102
  Who may file. Every person imprisoned or otherwise restrained of his or her liberty, except as herein otherwise provided, may apply for habeas corpus...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-103
  Application. Application for the relief shall be made to the Supreme Court or to the circuit court of the county in which the person...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-104
  Substance of complaint. The complaint shall state in substance: 1. That the person in whose behalf the relief is applied for is imprisoned or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-105
  Copy of process. Any sheriff or other officer or person having custody of any prisoner committed on any civil or criminal process of any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-106
  Grant of relief - Penalty. Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-107
  Form of orders. If the relief is allowed by an order of a court it shall be certified by the clerk under the seal...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-108
  Indorsement. With the intent that no officer or person to whom such order is directed may pretend ignorance thereof, every such order shall be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-109
  Subpoena-Service. When the party has been committed upon a criminal charge, unless the court deems it unnecessary, a subpoena shall also be issued to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-110
  Service of order. The habeas corpus order may be served by the sheriff, coroner or any person appointed for that purpose by the court...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-111
  Manner of service. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-112
  Expense involved. When the person confined or restrained is in the custody of a civil officer, the court entering the order shall certify thereon...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-113
  Form of return. The officer or person upon whom such order is served shall state in his or her return, plainly and unequivocally: 1....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-114
  Bringing of body. The officer or person making the return, shall, at the same time, bring the body of the party, if in his...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-115
  Sickness or infirmity. When, from the sickness or infirmity of the party, he or she cannot without danger, be brought to the place designated...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-116
  Neglect to obey order. If the officer or person upon whom such order is served refuses or neglects to obey the same, by producing...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-117
  Order in case of neglect. The court may also, at the same time or afterwards, enter an order to the sheriff or other person...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-118
  Proceedings in case of emergency. Whenever it appears by the complaint, or by affidavit, that any one is illegally held in custody or restraint,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-119
  Examination. Upon the return of an order of habeas corpus, the court shall, without delay, proceed to examine the cause of the imprisonment or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-120
  Denial of allegations in return. The party imprisoned or restrained may file a reply to the return and deny any of the material facts...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-121
  Seeking wrong remedy not fatal. Where relief is sought under Article X of this Act and the court determines, on motion directed to the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-122
  Amendments. The return, as well as any denial or allegation, may be amended at any time by leave of the court. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-123
  When prisoner not entitled to discharge. No person shall be discharged under the provisions of this Act, if he or she is in custody:...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-124
  Causes for discharge when in custody on process of court. If it appears that the prisoner is in custody by virtue of process from...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-125
  New commitment. In all cases where the imprisonment is for a criminal, or supposed criminal matter, if it appears to the court that there...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-126
  Remand. When any prisoner brought up on a habeas corpus is remanded to prison, it shall be the duty of the court remanding the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-127
  Grant of habeas corpus. It is not lawful for any court, on a second order of habeas corpus obtained by such prisoner, to discharge...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-128
  Person discharged again imprisoned. No person who has been discharged by order of the court on a habeas corpus, shall be again imprisoned, restrained...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-129
  Penalty for rearrest of person discharged. Any person who, knowing that another has been discharged by order of a competent court on a habeas...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-130
  Prisoner not to be removed from county. To prevent any person from avoiding or delaying his or her trial, it shall not be lawful...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-131
  Custody not to be changed. Any person being committed to any prison, or in the custody of any sheriff or other officer or person...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-132
  Avoidance of order - Punishment. Any one having a person in his or her custody, or under his or her restraint, power or control,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-133
  Penalties - How recovered. All the pecuniary forfeitures incurred under this Act shall inure to the use of the party for whose benefit the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-134
  No bar to civil damages. The recovery of the penalties shall be no bar to a civil action for damages. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-135
  Habeas corpus to testify. The several courts having authority to grant relief by habeas corpus, may enter orders, when necessary, to bring before them...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-136
  Prisoner remanded or punished. After a prisoner has given his or her testimony, or been surrendered, or his or her bail discharged, or he...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 10-137
  Contempt - Discharge. Any person imprisoned for any contempt of court for the non-performance of any order or judgment for the payment of money,...

Last modified: February 18, 2015