In any civil case where an order issues to take any person into custody for any reason, the order shall contain, if known, the name, date of birth, sex, physical description, and last known address of the person to be taken into custody. It shall also contain a statement of the reason the person is to be taken into custody and the date of issuance. However, nothing herein shall impose a duty upon the court to discern or seek out any of the information relating to the date of birth, sex, physical description, or last known address of the person to be taken into custody which is not provided by a litigant. Moreover, no order is invalid by reason of its failure to contain any of the information specified herein except as otherwise required by law.
12-1401.Orders to Take Into Custody.
Article XII. Judgments - Enforcement · Part 14. Orders to Take into Custody · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a civil order taking someone into custody to include identifying details and the reason for custody when known, but says missing information doesn't make the order invalid.
Full Text of 735 ILCS 5/12-1401
Plain-English Summary
Civil cases sometimes produce orders to take a person into custody, and this section sets what those orders should contain. When known, the order must include the person's name, date of birth, sex, physical description, and last known address, along with a statement of why the person is to be taken into custody and the date the order issued.
The section also limits how far that requirement reaches. It doesn't impose a duty on the court to track down birth-date, sex, physical description, or address information that a litigant hasn't supplied. And an order isn't invalid because it lacks some of that information, except where another law specifically requires it.
Frequently Asked Questions
What information should a civil order to take someone into custody include?
The person's name, date of birth, sex, physical description, and last known address, if known, plus the reason for custody and the date the order issued.
Does the court have to track down missing identifying details on its own?
No. The court has no duty to discern or seek out information a litigant hasn't provided.
Is an order to take someone into custody invalid if it's missing some of these details?
No, not for that reason alone, except where another law specifically requires the information.
Does this section apply to criminal arrest warrants?
No. It applies to orders issued in civil cases.
Must the order explain why the person is being taken into custody?
Yes. A statement of the reason is required.
Amendment History
(Source: P.A. 84-942.)
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: illinois civil custody order requirementsorder to take into custody illinois civil casebody attachment order requirements illinoiswhat must a civil arrest order contain illinois