Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his or her under officers who may be at the place where the prisoner is detained; or if he or she can not be found, or has not the person imprisoned or restrained in custody, the service may be made upon any person who has the person in custody with the same effect as though he or she had been made a defendant therein.
10-111.Manner of service.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-111 requires a habeas corpus order to be served by leaving a copy with the person directed or an under officer at the place of detention, or, if neither can be found, with whoever holds the prisoner in custody.
Full Text of 735 ILCS 5/10-111
Plain-English Summary
Section 10-111 spells out how service happens once Section 10-110 identifies who may carry it out. The primary method is to leave a copy of the order with the person to whom it's directed, or with any of that person's under officers who may be at the place where the prisoner is detained.
The statute also covers what happens when the intended recipient isn't available. If that person can't be found, or doesn't hold the prisoner in custody, service may instead be made on whoever does have the prisoner — and that substitute service carries the same effect as though the person served had been made a defendant in the case.
Frequently Asked Questions
How is a habeas corpus order served under Section 10-111?
By leaving a copy with the person to whom it's directed, or with an under officer of that person present at the place of detention.
What happens if the person to whom the order is directed can't be found?
Service may be made on whoever holds the prisoner in custody instead.
Does serving a substitute custodian carry the same legal effect as serving the named recipient?
Yes. The statute gives it the same effect as though that substitute custodian had been made a defendant.
Where must this service take place?
At the place where the prisoner is detained.
Who is authorized to carry out this service?
Whoever Section 10-110 authorizes to serve the order — the sheriff, coroner, or a person the court appoints.
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: how is a habeas corpus order served illinoisserving habeas corpus custodian illinoismanner of service habeas corpus illinois