Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-107 requires a habeas corpus order to be certified by the clerk under seal if issued by the court, or signed by the judge if issued individually, and it supplies suggested wording commanding the custodian to produce the confined person.
Full Text of 735 ILCS 5/10-107
Text size
If the relief is allowed by an order of a court it shall be certified by the clerk under the seal of the court; if by a judge, it shall be under the judge's signature, and shall be directed to the person in whose custody or under whose restraint the prisoner is, and may be substantially in the following form:
The People of the State of Illinois, to the Sheriff of .... County (or, "to A B," as the case may be):
You are hereby commanded to have the body of C D, imprisoned and detained by you, together with the time and cause of such imprisonment and detention by whatsoever name C D is called or charged, before .... court of .... County (or before E F, judge of, etc.), at, etc., immediately after being served with a certified copy of this order, to be dealt with according to law; and you are to deliver a certified copy of this order with a return thereon of your performance in carrying out this order.
Plain-English Summary
Section 10-107 addresses how a habeas corpus order is authenticated once relief is allowed. If the order comes from the court itself, the clerk certifies it under the court's seal. If a single judge allows the relief, the order carries that judge's own signature instead. Either way, the order is directed to whoever holds the confined person in custody or under restraint.
The section then offers sample language the order may substantially follow, in the traditional voice of a writ: commanding the custodian to bring the body of the named person, together with the time and cause of the imprisonment, before the designated court or judge, to be dealt with according to law. The custodian is also directed to deliver a certified copy of the order back, showing how it was carried out.
Because the statute says the order "may be substantially" in that form, the language offered is a template rather than a rigid script — what matters is that the order commands production of the person and states the return obligation, however it's phrased.
Frequently Asked Questions
How is a habeas corpus order authenticated when it comes from the court itself?
It is certified by the clerk under the seal of the court.
How is it authenticated when a single judge allows the relief?
It carries the judge's own signature instead of the clerk's certification.
Who is a habeas corpus order directed to?
The person in whose custody or under whose restraint the confined person is held.
Is the sample order language in Section 10-107 mandatory?
No. The statute says the order "may be substantially" in that form, so it functions as a model rather than a required script.
What must the custodian do once served with the order?
Bring the named person before the designated court or judge with the time and cause of the imprisonment, and deliver back a certified copy of the order showing that it was carried out.
Amendment History
(Source: P.A. 83-707.)
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
Also known as:form of habeas corpus order illinoishabeas corpus order language illinoiscertified habeas corpus order illinois