With the intent that no officer or person to whom such order is directed may pretend ignorance thereof, every such order shall be indorsed with these words: "By the habeas corpus law."
10-108.Indorsement.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-108 requires every habeas corpus order to be indorsed with the words "By the habeas corpus law," so the person served can't pretend not to know what the order is.
Full Text of 735 ILCS 5/10-108
Plain-English Summary
Section 10-108 adds a labeling requirement to every habeas corpus order: it must be indorsed with the words "By the habeas corpus law." The statute states its own purpose plainly — with the intent that no officer or person to whom the order is directed may pretend ignorance of it.
This is a short section, but it does real work alongside the rest of the Article. Once an order carries this indorsement, a custodian who later refuses to obey it has no room to claim confusion about the order's nature or authority. That matters because Section 10-116 imposes serious consequences — contempt enforcement and a monetary forfeiture — on a custodian who neglects to obey a habeas corpus order without sufficient excuse.
Frequently Asked Questions
What words must appear on a habeas corpus order under Section 10-108?
"By the habeas corpus law."
Why does the statute require this indorsement?
So that no officer or person served with the order can pretend not to know what kind of order it is.
Does the indorsement requirement apply to every order?
Yes. The statute states that "every such order" shall carry this indorsement.
What happens if a custodian ignores an indorsed order anyway?
Section 10-116 allows the court to enforce the order by attachment for contempt and imposes a forfeiture on the noncompliant custodian.
Does the indorsement itself command anything from the custodian?
No. It's a labeling requirement; the command to produce the confined person is set out separately in the order's own language under Section 10-107.
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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