Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-113 lists four things a custodian's return to a habeas corpus order must state plainly -- current or past custody, the detailed authority and cause for holding the person, any written commitment order, and where custody went if transferred -- all signed and generally sworn.
Full Text of 735 ILCS 5/10-113
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The officer or person upon whom such order is served shall state in his or her return, plainly and unequivocally: 1. Whether he or she has or has not the party in his or her custody or control, or under his or her restraint, and if he or she has not, whether he or she has had the party in his or her custody or control, or under his or her restraint, at any and what time prior or subsequent to the date of the order.
2. If he or she has the party in his or her custody or control, or under his or her restraint, the authority and true cause of such imprisonment or restraint, setting forth the same in detail.
3. If the party is detained by virtue of any order, warrant or other written authority, a copy thereof shall be attached to the return, and the original shall be produced and exhibited on the return of the order to the court before whom the same is returnable.
4. If the person upon whom the order is served has had the party in his or her custody or control or under his or her restraint, at any time prior or subsequent to the date of the order but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes the return in his or her official capacity, it shall be verified by oath.
Plain-English Summary
Section 10-113 governs the return itself, the document the served custodian files answering the habeas corpus order. It must state, plainly and unequivocally, four things. First, whether the custodian currently has the party in custody, control, or restraint, and if not, whether the custodian had that custody at any time before or after the order's date. Second, if custody currently exists, the authority and true cause of the imprisonment or restraint, set out in detail.
Third, if the person is held under any order, warrant, or other written authority, a copy must be attached to the return, with the original produced and shown to the court when the order is returned. Fourth, if the custodian had the person in custody at some point but transferred that custody to someone else, the return must state to whom, at what time, for what cause, and under what authority the transfer took place.
The return must be signed by the person making it. Verification by oath is required as well, unless the person making the return is a sworn public officer acting in an official capacity — in which case the oath requirement doesn't apply. Section 10-120 then lets the confined party respond by denying facts the return contains.
Frequently Asked Questions
What must a custodian's return state about custody status?
Whether the custodian has or has not the person in custody, and, if not currently, whether custody existed at any time prior or subsequent to the order's date.
What detail must the return give if custody currently exists?
The authority and true cause of the imprisonment or restraint, set out in detail.
What must be attached to the return if custody rests on a written order?
A copy of the order, warrant, or other written authority, with the original produced and exhibited when the habeas corpus order is returned.
What must the return say if custody was transferred to someone else?
To whom, at what time, for what cause, and under what authority the transfer took place.
Must the return be sworn?
Yes, unless the person making it is a sworn public officer making the return in an official capacity.
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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