Upon the return of an order of habeas corpus, the court shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circumstances require.
10-119.Examination.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-119 requires the court, once a habeas corpus order is returned, to examine the cause of the imprisonment or restraint without delay, though the examination itself may be adjourned as circumstances require.
Full Text of 735 ILCS 5/10-119
Plain-English Summary
Section 10-119 marks the core review step of a habeas corpus case. Upon the return of the order, the court shall, without delay, proceed to examine the cause of the imprisonment or restraint. That "without delay" language sets the tone for the whole hearing stage — the person's liberty is at stake while the matter waits to be examined.
The statute does allow the examination to pause once it's underway: it may be adjourned from time to time as circumstances require. That flexibility lets the court manage the practical realities of a hearing — witnesses, evidence, scheduling — without abandoning the prompt-review command that opens the section.
What the examination involves once a return is contested is set out separately, in Section 10-120, which governs how the confined party may deny the return's allegations and how the court weighs the resulting evidence.
Frequently Asked Questions
What must the court do once a habeas corpus order is returned?
Examine the cause of the imprisonment or restraint without delay.
Can this examination be paused once it begins?
Yes. It may be adjourned from time to time as circumstances require.
Does Section 10-119 set out the specific hearing procedure for a contested return?
No. That procedure, including denying the return's allegations, is covered in Section 10-120.
Why does the statute stress proceeding "without delay"?
Because the confined person's liberty remains at stake while the cause of the imprisonment or restraint awaits examination.
What triggers the examination Section 10-119 requires?
The return of an order of habeas corpus.
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 hearing illinoisexamining cause of imprisonment illinoisprompt examination habeas corpus return illinois