The officer or person making the return, shall, at the same time, bring the body of the party, if in his or her custody or power or under his or her restraint, according to the command of the order unless prevented by the sickness or infirmity of the party.
10-114.Bringing of body.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-114 requires the person making the return to also produce the confined person in person, following the order's command, unless sickness or infirmity prevents it.
Full Text of 735 ILCS 5/10-114
Plain-English Summary
A written return alone doesn't satisfy a habeas corpus order — Section 10-114 requires the officer or person making the return to also bring the body of the party, if that person is in the officer's custody, power, or under restraint, according to the command of the order.
The only excuse the statute names is sickness or infirmity of the party. When that excuse applies, Section 10-115 supplies the procedure the judge follows instead of an ordinary appearance. Absent that circumstance, the production duty runs alongside the written return described in Section 10-113 — the paperwork and the person are both expected at the same time.
Frequently Asked Questions
What must accompany the written return under Section 10-114?
Production of the confined person's body, if that person is in the custodian's custody, power, or restraint, following the order's command.
What can excuse producing the confined person in court?
Sickness or infirmity of the party.
Does Section 10-114 apply if the custodian no longer has the person?
The production duty applies where the person is in the custodian's custody, power, or restraint.
Does Section 10-114 explain what happens when sickness prevents production?
No. That situation is addressed separately in Section 10-115.
Is producing the person the same requirement as filing the written return?
No. The statute treats them as running together, but production of the body is a distinct duty from the content of the return set out in Section 10-113.
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: production of prisoner habeas corpus illinoisbringing the body habeas corpus illinoisproducing prisoner in court habeas corpus