Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-104 lists what a habeas corpus complaint must state: the fact and place of the confinement and the parties involved, the believed cause of the restraint along with a statement that Section 10-123's exceptions don't apply, and either a copy of any warrant or an explanation for why one isn't attached.
Full Text of 735 ILCS 5/10-104
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The complaint shall state in substance: 1. That the person in whose behalf the relief is applied for
is imprisoned or restrained of his or her liberty, and the place where - naming all the parties if they are known, or describing them if they are not known.
2. The cause or pretense of the restraint, according to the best knowledge and belief of the applicant, and that such person is not committed or detained by virtue of any process, or judgment, specified in Section 10-123 of this Act.
3. If the commitment or restraint is by virtue of any warrant or process, a copy thereof shall be annexed, or it shall be stated that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his or her custody, and that such copy was refused.
Plain-English Summary
Section 10-104 breaks the required contents of a habeas corpus complaint into three parts. The first states that the person is imprisoned or restrained, and where, naming all parties if known or describing them if not. The second states the cause or pretense of the restraint, according to the applicant's best knowledge and belief, and adds that the person is not held under any process or judgment described in Section 10-123 — the section listing custody that can't be discharged.
The third requirement addresses documentation. If the commitment or restraint rests on a warrant or other process, a copy must be attached. If no copy can be attached, the complaint must explain why: either the prisoner was removed or concealed before the application could be made, or a copy was demanded and the legal fees for it tendered, and the officer or custodian refused anyway.
These three pieces give the court a factual record to work from at the outset — who is confined and where, what the applicant believes the confinement rests on, and either the paperwork behind it or a reason none is available. Section 10-106 then measures the complaint and any attached documents against that record to decide whether relief follows as a matter of course.
Frequently Asked Questions
What three things must a habeas corpus complaint state under Section 10-104?
The fact and place of the imprisonment or restraint with the parties named or described; the believed cause of the restraint along with a statement that it isn't a case described in Section 10-123; and a copy of any warrant or process, or an explanation for why none is attached.
What must the complaint say about the parties involved?
It must name all parties if they are known, or describe them if they are not known.
What must the complaint say relating to Section 10-123?
It must state that the person is not committed or detained by virtue of any process or judgment specified in Section 10-123.
What if the applicant can't obtain a copy of the warrant to attach?
The complaint must state either that the prisoner was removed or concealed before the application could be made, or that a copy was demanded and the fees tendered but refused.
Why does the complaint need to state the believed cause of the restraint?
It gives the court the applicant's own understanding of what the confinement rests on, stated according to the applicant's best knowledge and belief, so the court has something concrete to examine.
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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