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10-101.Action commenced by plaintiff.

Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 10-101 requires every habeas corpus case under Article X to name the confined person as plaintiff, replacing the older practice of styling the case as brought by the People on that person's relation.

Full Text of 735 ILCS 5/10-101

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In all proceedings commenced under Article X of this Act, the name of the person seeking the relief afforded by this Article shall be set out as plaintiff without the use of the phrase "People ex rel." or "People on the relation of".

Plain-English Summary

Habeas corpus has old roots, and its case captions once reflected them: many jurisdictions styled the action as "People ex rel." or "People on the relation of" the confined person, treating the State as the nominal party bringing suit on the prisoner's behalf. Section 10-101 drops that convention for Illinois practice. In every proceeding commenced under Article X, the person seeking relief must be named as plaintiff, full stop.

The change is one of form, not substance. It doesn't expand or narrow who can seek habeas relief, and it doesn't touch any of the grounds or procedures the rest of Article X sets out. What it does is put the confined person's own name at the front of the case, rather than folding that person into a State-styled caption.

Because this rule applies to "all proceedings commenced under Article X," it governs every filing that follows in this Article, from the initial application described in Section 10-103 through any later amended pleading.

Frequently Asked Questions

Who is named as plaintiff in an Illinois habeas corpus case?

The person seeking the relief afforded by Article X is named plaintiff, under Section 10-101.

Does Section 10-101 change who is allowed to file for habeas corpus?

No. It governs only how the case is captioned, not who may bring the action.

What naming convention did Section 10-101 do away with?

It eliminates the use of "People ex rel." or "People on the relation of" in the case caption.

Does this naming rule apply to every habeas corpus filing under Article X?

Yes. The statute states it applies to "all proceedings commenced under Article X of this Act."

Why would the caption of a habeas corpus case matter?

It identifies, plainly and by name, who is asking the court for relief, rather than hiding that person behind an older relator-style caption.

Amendment History

(Source: P.A. 82-280.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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