When, from the sickness or infirmity of the party, he or she cannot without danger, be brought to the place designated for the return of the order, that fact shall be stated in the return, and if it is proved to the satisfaction of the judge, he or she may proceed to the jail or other place where the party is confined, and there make an examination, or the judge may adjourn the same to such other time, or make such other order in the case as law and justice require.
10-115.Sickness or infirmity.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-115 lets a judge examine the confined person at the jail, or adjourn the case, when sickness or infirmity makes it dangerous to bring that person to the return location, once the fact is stated in the return and proved.
Full Text of 735 ILCS 5/10-115
Plain-English Summary
Section 10-115 picks up the sickness-or-infirmity excuse Section 10-114 allows for skipping production. When the party's condition means they cannot, without danger, be brought to the place designated for the return, that fact must be stated in the return. It must then be proved to the judge's satisfaction before it changes anything.
Once satisfied, the judge has options rather than a single mandated path: proceed to the jail or other place where the party is confined and examine the matter there, adjourn the proceeding to another time, or make any other order the case requires, as law and justice demand.
Frequently Asked Questions
What excuses a confined person from being brought to the return location under Section 10-115?
Sickness or infirmity that means the person cannot, without danger, be brought there.
What must happen before a judge can act on that excuse?
The fact must be stated in the return and proved to the judge's satisfaction.
What can the judge do once satisfied of the sickness or infirmity?
Go to the jail or place of confinement to examine the matter there, adjourn to another time, or make another order as law and justice require.
Is the judge required to travel to where the person is confined?
No. Traveling there is one option among the adjournment and other-order alternatives the statute allows.
How does Section 10-115 connect to Section 10-114?
It supplies the procedure that follows once Section 10-114's sickness-or-infirmity excuse for skipping production is invoked.
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 prisoner too sick to appear illinoisjudge examines prisoner in jail illinoissickness excuse habeas corpus return illinois