The return, as well as any denial or allegation, may be amended at any time by leave of the court.
10-122.Amendments.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-122 lets the return, or any denial or allegation responding to it, be amended at any time with the court's leave.
Full Text of 735 ILCS 5/10-122
Plain-English Summary
Section 10-122 is a short, broad amendment rule. The return itself — along with any denial or allegation filed in response to it under Section 10-120 — may be amended at any time by leave of the court. The statute sets no deadline of its own, leaving timing to the court's discretion rather than a fixed cutoff.
This complements Section 10-121, which handles amendment of the plaintiff's pleadings when the wrong remedy was sought. Section 10-122 instead covers the custodian's return and the confined party's responsive filing, giving both sides the same flexibility to correct or add to what they've already filed, subject to the court's approval.
Frequently Asked Questions
What documents can be amended under Section 10-122?
The return, and any denial or allegation made in response to it.
Is there a deadline for seeking this kind of amendment?
No. The statute allows the amendment to be made at any time.
Is the court's permission required for the amendment?
Yes. Amendment requires leave of the court.
How does Section 10-122 relate to Section 10-121?
Section 10-121 addresses amending the plaintiff's pleadings when the wrong remedy was sought; Section 10-122 covers amending the return and the responsive denial or allegation.
Who benefits from this amendment authority?
Both sides — the custodian filing the return, and the confined party filing a denial or allegation in response.
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: amending habeas corpus return illinoisamend denial habeas corpus illinoisleave of court amend return habeas corpus