Application for the relief shall be made to the Supreme Court or to the circuit court of the county in which the person in whose behalf the application is made, is imprisoned or restrained, or to the circuit court of the county from which such person was sentenced or committed. Application shall be made by complaint signed by the person for whose relief it is intended, or by some person in his or her behalf, and verified by affidavit.
10-103.Application.
Article X. Habeas Corpus · Last amended 2024 · Last verified July 20, 2026
In one sentenceSection 10-103 sets where a habeas corpus application may be filed -- the Supreme Court or the circuit court of the county of confinement or of sentencing -- and requires the application to be a signed complaint verified by affidavit.
Full Text of 735 ILCS 5/10-103
Plain-English Summary
Section 10-103 gives an applicant a choice of forum. The application may go to the Supreme Court, to the circuit court of the county where the confined person is imprisoned or restrained, or to the circuit court of the county from which that person was sentenced or committed. That last option matters when confinement and sentencing happened in different counties.
The application itself takes the form of a complaint. It must be signed either by the person for whose relief it is intended or by someone acting on that person's behalf, and it must be verified by affidavit — meaning the person making it swears to its truth. This sworn, signed complaint is what Section 10-104 then requires to state specific facts.
Together, these venue and signing rules mark the entry point into Article X's procedure: get the complaint to the right court, signed and sworn, and the rest of the Article's machinery — the content requirements, the court's initial review, the order itself — follows from there.
Frequently Asked Questions
Where can a habeas corpus application be filed in Illinois?
The Supreme Court, or the circuit court of the county where the person is imprisoned or restrained, or the circuit court of the county from which the person was sentenced or committed.
Who may sign the habeas corpus complaint?
The person for whose relief it is intended, or someone else acting on that person's behalf.
Does the complaint need to be sworn?
Yes. Section 10-103 requires it to be verified by affidavit.
Can an applicant file in the county of sentencing rather than the county of confinement?
Yes. Section 10-103 offers the circuit court of the county from which the person was sentenced or committed as an alternative venue.
What must the complaint say once it's filed in the right court?
Section 10-104 lists the specific facts the complaint must state.
Amendment History
(Source: P.A. 103-51, eff. 1-1-24.)
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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