The several courts having authority to grant relief by habeas corpus, may enter orders, when necessary, to bring before them any prisoner to testify, or to be surrendered in discharge of pretrial release, or for trial upon any criminal charge lawfully pending in the same court or to testify in a criminal proceeding in another state as provided for by Section 2 of the "Uniform Act to secure the attendance of witnesses from within or without a state in criminal proceedings", approved July 23, 1959, as heretofore or hereafter amended; and the order may be directed to any county in the State, and there be served and returned by any officer to whom it is directed.
10-135.Habeas corpus to testify.
Article X. Habeas Corpus · Last amended 2023 · Last verified July 20, 2026
In one sentenceSection 10-135 lets a court with habeas corpus authority order a prisoner brought before it to testify, to be surrendered from pretrial release, to stand trial on a pending criminal charge, or to testify in another state's criminal case under a uniform witness-attendance act, with the order enforceable anywhere in Illinois.
Full Text of 735 ILCS 5/10-135
Plain-English Summary
Section 10-135 lets the courts holding habeas corpus authority use that authority for a handful of specific purposes beyond testing the legality of a confinement. When necessary, those courts may enter orders bringing a prisoner before them to testify, to be surrendered in discharge of pretrial release, or for trial upon a criminal charge lawfully pending in that same court. The section also extends to testimony in another state's criminal proceeding, as provided under the named Uniform Act to secure the attendance of witnesses across state lines.
The reach of such an order isn't limited to the county where the court sits — it may be directed to any county in the State, and served and returned there by whatever officer it's directed to. Section 10-136 then addresses what happens to the prisoner once the purpose behind the order has been carried out.
Frequently Asked Questions
What purposes can a habeas corpus order under Section 10-135 serve?
Bringing a prisoner to testify, to be surrendered in discharge of pretrial release, to stand trial on a pending criminal charge, or to testify in another state's criminal proceeding under the named uniform act.
Does this order have to be limited to the county where the court sits?
No. It may be directed to any county in the State.
Who serves and returns this kind of order?
Any officer to whom it's directed.
What uniform act does Section 10-135 reference for interstate witness testimony?
The "Uniform Act to secure the attendance of witnesses from within or without a state in criminal proceedings."
What happens to the prisoner after testifying or being tried under this order?
Section 10-136 addresses returning the prisoner to confinement afterward.
Amendment History
(Source: P.A. 101-652, eff. 1-1-23.)
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 to testify illinoisbringing prisoner to testify illinoisuniform act attendance of witnesses illinois