The habeas corpus order may be served by the sheriff, coroner or any person appointed for that purpose by the court which entered the order; if served by a person not an officer, he or she shall have the same power, and be liable to the same penalty for non-performance of his or her duty, as though he or she were sheriff.
10-110.Service of order.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-110 lets the sheriff, coroner, or someone the court appoints serve a habeas corpus order, and gives a non-officer server the same authority and liability for nonperformance that a sheriff would have.
Full Text of 735 ILCS 5/10-110
Plain-English Summary
Section 10-110 identifies who may serve a habeas corpus order once it's entered: the sheriff, the coroner, or any person appointed for that purpose by the court that entered the order. That last option matters when the ordinary custodians of process aren't available or aren't suitable to carry out service.
When the court appoints someone who isn't a sworn officer, that person doesn't operate with lesser authority. The statute gives that appointed server the same power as a sheriff would have, and holds the appointee to the same liability for failing to perform the duty as a sheriff would face. The manner in which that service is carried out is set out separately, in Section 10-111.
Frequently Asked Questions
Who can serve a habeas corpus order under Section 10-110?
The sheriff, the coroner, or a person appointed for that purpose by the court that entered the order.
What if the court appoints someone who is not a law enforcement officer?
That person has the same power to serve the order, and faces the same liability for nonperformance, as a sheriff would.
Where does an appointed non-officer's authority to serve come from?
From the appointment made by the court that entered the habeas corpus order.
What liability applies if an appointed server fails to perform the duty?
The same penalty a sheriff would face for nonperformance of the same duty.
Does Section 10-110 explain how the order itself must be served?
No. The manner of service is addressed separately in Section 10-111.
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
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