Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/1-101) (from Ch. 110, par. 1-101) Sec. 1-101. Short titles. (a) This Act shall be known and may be cited as the "Code of Civil Procedure". (b) Article II shall be known as the "Civil Practice Law" and may be referred to by that designation. (c) Article III shall be kn…

(735 ILCS 5/1-102) (from Ch. 110, par. 1-102) Sec. 1-102. Continuation of prior statutes. The provisions of this Act insofar as they are the same or substantially the same as those of any prior statute, shall be construed as a continuation of such prior statute and not as a new e…

(735 ILCS 5/1-103) (from Ch. 110, par. 1-103) Sec. 1-103. Effect of headings. Article, Part and Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Article, Part or Section of…

(735 ILCS 5/1-104) (from Ch. 110, par. 1-104) Sec. 1-104. Power of courts to make rules. (a) The Supreme Court of this State has power to make rules of pleading, practice and procedure for the circuit, Appellate and Supreme Courts supplementary to, but not inconsistent with the p…

(735 ILCS 5/1-105) (from Ch. 110, par. 1-105) Sec. 1-105. Enforcement of Act and rules. The Supreme Court may provide by rule for the orderly and expeditious administration and enforcement of this Act and of the rules, including the striking of pleadings, the dismissal of claims,…

(735 ILCS 5/1-106) (from Ch. 110, par. 1-106) Sec. 1-106. Act to be liberally construed. This Act shall be liberally construed, to the end that controversies may be speedily and finally determined according to the substantive rights of the parties. The rule that statutes in derog…

(735 ILCS 5/1-107) (from Ch. 110, par. 1-107) Sec. 1-107. Appeals. Appeals may be taken as provided for civil cases. (Source: P.A. 82-280.)

(735 ILCS 5/1-108) (from Ch. 110, par. 1-108) Sec. 1-108. Civil Practice Law applies. (a) The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respec…

(735 ILCS 5/1-109) (from Ch. 110, par. 1-109) Sec. 1-109. Verification by certification. Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any complaint, petition, answer, reply, bill of particulars, answer to interrogatories, affidavit, retu…

(735 ILCS 5/10-101) (from Ch. 110, par. 10-101) Sec. 10-101. Action commenced by plaintiff. In all proceedings commenced under Article X of this Act, the name of the person seeking the relief afforded by this Article shall be set out as plaintiff without the use of the phrase "Pe…

(735 ILCS 5/10-102) (from Ch. 110, par. 10-102) Sec. 10-102. Who may file. Every person imprisoned or otherwise restrained of his or her liberty, except as herein otherwise provided, may apply for habeas corpus in the manner provided in Article X of this Act, to obtain relief fro…

(735 ILCS 5/10-103) (from Ch. 110, par. 10-103) Sec. 10-103. Application. Application for the relief shall be made to the Supreme Court or to the circuit court of the county in which the person in whose behalf the application is made, is imprisoned or restrained, or to the circui…

(735 ILCS 5/10-104) (from Ch. 110, par. 10-104) Sec. 10-104. Substance of complaint. The complaint shall state in substance: 1. That the person in whose behalf the relief is applied for is imprisoned or restrained of his or her liberty, and the place where - naming all the partie…

(735 ILCS 5/10-105) (from Ch. 110, par. 10-105) Sec. 10-105. Copy of process. Any sheriff or other officer or person having custody of any prisoner committed on any civil or criminal process of any court who shall neglect to give such prisoner a copy of the process or order of co…

(735 ILCS 5/10-106) (from Ch. 110, par. 10-106) Sec. 10-106. Grant of relief - Penalty. Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to pretrial release nor otherwise relieved, the cour…

(735 ILCS 5/10-107) (from Ch. 110, par. 10-107) Sec. 10-107. Form of orders. If the relief is allowed by an order of a court it shall be certified by the clerk under the seal of the court; if by a judge, it shall be under the judge's signature, and shall be directed to the person…

(735 ILCS 5/10-108) (from Ch. 110, par. 10-108) Sec. 10-108. Indorsement. With the intent that no officer or person to whom such order is directed may pretend ignorance thereof, every such order shall be indorsed with these words: "By the habeas corpus law." (Source: P.A. 82-280.…

(735 ILCS 5/10-109) (from Ch. 110, par. 10-109) Sec. 10-109. Subpoena-Service. When the party has been committed upon a criminal charge, unless the court deems it unnecessary, a subpoena shall also be issued to summon the witnesses whose names have been endorsed upon the warrant …

(735 ILCS 5/10-110) (from Ch. 110, par. 10-110) Sec. 10-110. Service of order. The habeas corpus order may be served by the sheriff, coroner or any person appointed for that purpose by the court which entered the order; if served by a person not an officer, he or she shall have t…

(735 ILCS 5/10-111) (from Ch. 110, par. 10-111) Sec. 10-111. Manner of service. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his or her under officers who may be at the place where the prisoner is detained; or if he o…

(735 ILCS 5/10-112) (from Ch. 110, par. 10-112) Sec. 10-112. Expense involved. When the person confined or restrained is in the custody of a civil officer, the court entering the order shall certify thereon the sum to be paid for the expense of bringing the person from the place …

(735 ILCS 5/10-113) (from Ch. 110, par. 10-113) Sec. 10-113. Form of return. The officer or person upon whom such order is served shall state in his or her return, plainly and unequivocally: 1. Whether he or she has or has not the party in his or her custody or control, or under …

(735 ILCS 5/10-114) (from Ch. 110, par. 10-114) Sec. 10-114. Bringing of body. The officer or person making the return, shall, at the same time, bring the body of the party, if in his or her custody or power or under his or her restraint, according to the command of the order unl…

(735 ILCS 5/10-115) (from Ch. 110, par. 10-115) Sec. 10-115. Sickness or infirmity. When, from the sickness or infirmity of the party, he or she cannot without danger, be brought to the place designated for the return of the order, that fact shall be stated in the return, and if …

(735 ILCS 5/10-116) (from Ch. 110, par. 10-116) Sec. 10-116. Neglect to obey order. If the officer or person upon whom such order is served refuses or neglects to obey the same, by producing the party named in the order and making a full and explicit return thereto within the tim…

(735 ILCS 5/10-117) (from Ch. 110, par. 10-117) Sec. 10-117. Order in case of neglect. The court may also, at the same time or afterwards, enter an order to the sheriff or other person to whom such attachment is directed, commanding him or her to bring forthwith before the court …

(735 ILCS 5/10-118) (from Ch. 110, par. 10-118) Sec. 10-118. Proceedings in case of emergency. Whenever it appears by the complaint, or by affidavit, that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken ou…

(735 ILCS 5/10-119) (from Ch. 110, par. 10-119) Sec. 10-119. Examination. 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 circums…

(735 ILCS 5/10-120) (from Ch. 110, par. 10-120) Sec. 10-120. Denial of allegations in return. 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 c…

(735 ILCS 5/10-121) (from Ch. 110, par. 10-121) Sec. 10-121. Seeking wrong remedy not fatal. Where relief is sought under Article X of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has p…

(735 ILCS 5/10-122) (from Ch. 110, par. 10-122) Sec. 10-122. Amendments. The return, as well as any denial or allegation, may be amended at any time by leave of the court. (Source: P.A. 82-280.)

(735 ILCS 5/10-123) (from Ch. 110, par. 10-123) Sec. 10-123. When prisoner not entitled to discharge. No person shall be discharged under the provisions of this Act, if he or she is in custody: 1. By virtue of process of any court of the United States, in a case where such court …

(735 ILCS 5/10-124) (from Ch. 110, par. 10-124) Sec. 10-124. Causes for discharge when in custody on process of court. If it appears that the prisoner is in custody by virtue of process from any court legally constituted, he or she may be discharged only for one or more of the fo…

(735 ILCS 5/10-125) (from Ch. 110, par. 10-125) Sec. 10-125. New commitment. In all cases where the imprisonment is for a criminal, or supposed criminal matter, if it appears to the court that there is sufficient legal cause for the commitment of the prisoner, although such commi…

(735 ILCS 5/10-126) (from Ch. 110, par. 10-126) Sec. 10-126. Remand. When any prisoner brought up on a habeas corpus is remanded to prison, it shall be the duty of the court remanding the prisoner to deliver to the sheriff, or other person to whose custody the prisoner is remande…

(735 ILCS 5/10-127) (from Ch. 110, par. 10-127) Sec. 10-127. Grant of habeas corpus. It is not lawful for any court, on a second order of habeas corpus obtained by such prisoner, to discharge the prisoner, if he or she is clearly and specifically charged in the warrant of commitm…

(735 ILCS 5/10-128) (from Ch. 110, par. 10-128) Sec. 10-128. Person discharged again imprisoned. No person who has been discharged by order of the court on a habeas corpus, shall be again imprisoned, restrained or kept in custody for the same cause, unless he or she is afterwards…

(735 ILCS 5/10-129) (from Ch. 110, par. 10-129) Sec. 10-129. Penalty for rearrest of person discharged. Any person who, knowing that another has been discharged by order of a competent court on a habeas corpus, shall, contrary to the provisions of Article X of this Act, arrest or…

(735 ILCS 5/10-130) (from Ch. 110, par. 10-130) Sec. 10-130. Prisoner not to be removed from county. To prevent any person from avoiding or delaying his or her trial, it shall not be lawful to remove any prisoner on habeas corpus under Article X of this Act out of the county in w…

(735 ILCS 5/10-131) (from Ch. 110, par. 10-131) Sec. 10-131. Custody not to be changed. Any person being committed to any prison, or in the custody of any sheriff or other officer or person for any criminal or supposed criminal matter, shall not be removed therefrom into any othe…

(735 ILCS 5/10-132) (from Ch. 110, par. 10-132) Sec. 10-132. Avoidance of order - Punishment. Any one having a person in his or her custody, or under his or her restraint, power or control, for whose relief an order of habeas corpus is entered, who, with intent to avoid the effec…

(735 ILCS 5/10-133) (from Ch. 110, par. 10-133) Sec. 10-133. Penalties - How recovered. All the pecuniary forfeitures incurred under this Act shall inure to the use of the party for whose benefit the order of habeas corpus was entered, and shall be sued for and recovered with cos…

(735 ILCS 5/10-134) (from Ch. 110, par. 10-134) Sec. 10-134. No bar to civil damages. The recovery of the penalties shall be no bar to a civil action for damages. (Source: P.A. 82-280.)

(735 ILCS 5/10-135) (from Ch. 110, par. 10-135) Sec. 10-135. Habeas corpus to testify. 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 pretri…

(735 ILCS 5/10-136) (from Ch. 110, par. 10-136) Sec. 10-136. Prisoner remanded or punished. After a prisoner has given his or her testimony, or been surrendered, or his or her pretrial release discharged, or he or she has been tried for the crime with which he or she is charged, …

(735 ILCS 5/10-137) (from Ch. 110, par. 10-137) Sec. 10-137. Contempt - Discharge. Any person imprisoned for any contempt of court for the non-performance of any order or judgment for the payment of money, is entitled to relief by habeas corpus, and if it appears, on full examina…

(735 ILCS 5/11-101) (from Ch. 110, par. 11-101) Sec. 11-101. Temporary restraining order. No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immedia…

(735 ILCS 5/11-102) (from Ch. 110, par. 11-102) Sec. 11-102. Preliminary injunction. No court or judge shall grant a preliminary injunction without previous notice of the time and place of the application having been given the adverse party. (Source: P.A. 84-282.)

(735 ILCS 5/11-103) (from Ch. 110, par. 11-103) Sec. 11-103. Bond. The court in its discretion, may before entering a restraining order or a preliminary injunction, require the applicant to give bond in such sum, upon such condition and with such security as may be deemed proper …

(735 ILCS 5/11-104) (from Ch. 110, par. 11-104) Sec. 11-104. Bond before court or clerk. The bond may be entered into before the court granting or ordering the injunction, or before the clerk of the court, if the court has approved the security. (Source: P.A. 82-280.)