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Illinois Compiled Statutes

725 ILCS 5/114-10 (2026)

Motion to produce confession

✓ current as of May 2026
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(725 ILCS 5/114-10) (from Ch. 38, par. 114-10)
    Sec. 114-10. Motion to produce confession.
    (a) On motion of a defendant in any criminal case made prior to trial the court shall order the State to furnish the defendant with a copy of any written confession made to any law enforcement officer of this State or any other State and a list of the witnesses to its making and acknowledgment. If the defendant has made an oral confession a list of the witnesses to its making shall be furnished.
    (b) The list of witnesses may upon notice and motion be amended by the State prior to trial.
    (c) No such confession shall be received in evidence which has not been furnished in compliance with subsection (a) of this Section unless the court is satisfied that the prosecutor was unaware of the existence of such confession prior to trial and that he could not have become aware of such in the exercise of due diligence.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1995–2023 · leading case: People v. Vazquez, 955 N.E.2d 172 (Ill. App. Ct. 2011).
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People v. Vazquez, 955 N.E.2d 172 (Ill. App. Ct. 2011). · cites it 3× “" The judge also advised defendant that he was entitled to discovery as required by Schmidt , under which a misdemeanor defendant is entitled to "a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
People v. Toft, 824 N.E.2d 309 (Ill. App. Ct. 2005). “Defendants who are charged with misdemeanor offenses are entitled to disclosure of certain information, such as a list of witnesses (725 ILCS 5/114-9 (West 2002)), production of a defendant's confession (725 ILCS 5/114-10 (West 2002)), and any evidence which would negate…”
People v. Allen, 650 N.E.2d 250 (Ill. App. Ct. 1995). · cites it 2× “) 725 ILCS 5/114-10 provides: "(a) On motion of a defendant in any criminal case made prior to trial the court shall order the State to furnish the defendant with a copy of any written confession made to any law enforcement officer of this State .”
People v. Vazquez, 2011 IL App (2d) 91155 (Ill. App. Ct. 2011). · cites it 3× “” The judge also advised defendant that he was entitled to discovery as required by Schmidt, under which a misdemeanor defendant is entitled to “a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
People v. Russell, 2023 IL App (1st) 200322-U (Ill. App. Ct. 2023). “, 725 ILCS 5/114-9 (West 2018) (titled “Motion for a List of Witnesses”); 725 ILCS 5/114-10 (West - 14 - No. 1-20-0322 2018) (titled “Motion to Produce Confession”); 725 ILCS 5/114-13 (West 2018) (titled “Discovery in criminal cases”).”
— 725 ILCS 5/114-10(a) — 2 cases
People v. Vazquez, 955 N.E.2d 172 (Ill. App. Ct. 2011). “" The judge also advised defendant that he was entitled to discovery as required by Schmidt , under which a misdemeanor defendant is entitled to "a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
People v. Vazquez, 2011 IL App (2d) 91155 (Ill. App. Ct. 2011). “” The judge also advised defendant that he was entitled to discovery as required by Schmidt, under which a misdemeanor defendant is entitled to “a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
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