When the party has been committed upon a criminal charge, unless the court deems it unnecessary, a subpoena shall also be issued to summon the witnesses whose names have been endorsed upon the warrant of commitment, to appear before such court at the time and place when and where such order of habeas corpus is returnable, and it shall be the duty of the sheriff, or other officer to whom the subpoena is issued, to serve the same, if it is possible, in time to enable such witnesses to attend.
10-109.Subpoena-Service.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-109 requires a subpoena for the witnesses named on a criminal commitment warrant to be issued and timely served, unless the court finds it unnecessary, so those witnesses can appear when the habeas corpus order is returned.
Full Text of 735 ILCS 5/10-109
Plain-English Summary
When a habeas corpus applicant was committed on a criminal charge, Section 10-109 arranges for the witnesses against that person to be available at the hearing. Unless the court deems a subpoena unnecessary, one shall be issued to summon the witnesses whose names have been endorsed on the warrant of commitment, directing them to appear before the court at the time and place the habeas corpus order is returnable.
Serving that subpoena falls to the sheriff or other officer to whom it's issued, and the statute puts a real deadline on the duty: service must happen, if possible, in time to let the witnesses attend. The purpose is plain enough — the same hearing that examines the cause of the confinement under Section 10-119 shouldn't proceed without the witnesses whose names are already tied to the commitment itself.
Frequently Asked Questions
When is a subpoena for witnesses required under Section 10-109?
When the party was committed on a criminal charge, unless the court deems a subpoena unnecessary.
Which witnesses get subpoenaed under this section?
Those whose names have been endorsed on the warrant of commitment.
Who is responsible for serving the subpoena?
The sheriff or other officer to whom the subpoena is issued.
What is the deadline for serving the subpoena?
Service must occur, if possible, in time to enable the witnesses to attend when the habeas corpus order is returnable.
Can a court skip issuing this subpoena?
Yes, if the court deems a subpoena unnecessary in the case.
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
Also known as: habeas corpus witness subpoena illinoiswitnesses commitment warrant illinois habeassubpoena for habeas corpus return illinois