The party imprisoned or restrained may file a reply to the return and deny any of the material facts set forth in the return, and may allege any other facts that may be material in the case, which denial or allegation shall be on oath; and the court shall proceed promptly to examine the cause of the imprisonment or restraint, hear the evidence produced by any person interested or authorized to appear, both in support of such imprisonment or restraint and against it, and thereupon shall determine the matter according to law.
10-120.Denial of allegations in return.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-120 lets the confined party file a sworn reply denying facts in the custodian's return and adding other material facts, after which the court hears evidence from both sides and decides the matter according to law.
Full Text of 735 ILCS 5/10-120
Plain-English Summary
Once a custodian files a return under Section 10-113, Section 10-120 gives the confined party a way to contest it. That party may file a reply to the return and deny any of the material facts it sets out, and may also allege any other facts that may be material to the case. Both the denial and any new allegation must be made on oath.
With the reply on file, the court proceeds promptly to examine the cause of the imprisonment or restraint, hearing the evidence produced by any person interested in the matter or authorized to appear — both in support of the imprisonment or restraint and against it. The court then determines the matter according to law.
This section supplies the contested-fact procedure that Section 10-119's prompt-examination command relies on whenever the return's account of the custody is disputed rather than accepted at face value.
Frequently Asked Questions
What can a confined party do in response to the custodian's return under Section 10-120?
File a reply denying material facts set out in the return, and allege other material facts of its own.
Must the reply be sworn?
Yes. The denial or allegation must be made on oath.
Whose evidence can the court hear at this stage?
Evidence produced by any person interested in or authorized to appear in the matter, both supporting and opposing the imprisonment or restraint.
What standard governs the court's ultimate decision?
The court determines the matter according to law.
How does Section 10-120 connect to Section 10-119's examination requirement?
It supplies the contested-fact procedure the prompt examination required by Section 10-119 relies on when the return's allegations are disputed.
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: reply to habeas corpus return illinoisdenying facts in habeas corpus returncontested habeas corpus hearing illinois