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Illinois Compiled Statutes

735 ILCS 5/10-101 (2026)

Action commenced by plaintiff

✓ current as of May 2026
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(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 "People ex rel." or "People on the relation of".
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 32 cases (12 in the last 5 years), 1996–2026 · leading case: Hill v. Cowan, 781 N.E.2d 1065 (Ill. 2002).
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Hill v. Cowan, 781 N.E.2d 1065 (Ill. 2002). “) was denied, and that denial was affirmed on appeal.”
Beacham v. Walker, 896 N.E.2d 327 (Ill. 2008). “" Article X of the Code of Civil Procedure (735 ILCS 5/10-101 et seq. (West 2004)), which governs habeas proceedings, speaks in terms of a "complaint" for "order" of habeas corpus.”
Schlemm v. Cowen, 752 N.E.2d 647 (Ill. App. Ct. 2001). “Presiding Justice STEIGMANN delivered the opinion of the court: In July 2000, petitioner, Jimmie Lee Schlemm, filed a pro se petition for writ of habeas corpus (735 ILCS 5/10-101 through 10-137 (West 1998)), alleging that his imprisonment was unlawful and seeking his release…”
People v. Simmons, 770 N.E.2d 1271 (Ill. App. Ct. 2002). “The defendant petitioned for immediate release under the Habeas Corpus Act (735 ILCS 5/10-101 et seq. (West 2000)), contending that his extended-term sentences were unconstitutional in light of the Apprendi decision.”
LaPointe v. Chrans, 770 N.E.2d 701 (Ill. App. Ct. 2002). “Respondent challenges each of these arguments and additionally asserts that, even if petitioner's sentence violates Apprendi , his claim is not cognizable under the Habeas Corpus Act (735 ILCS 5/10-101 et seq. (West 2000)). Pursuant to the recently decided supreme court cases of…”
People v. Carroll, 815 N.E.2d 907 (Ill. App. Ct. 2004). “of the Habeas Corpus Act (735 ILCS 5/10-101 et seq. (West 2002)). In that petition, defendant argued that his extended-term sentence was unconstitutional under Apprendi v.”
People v. Vanderark, 2015 IL App (2d) 130790 (Ill. App. Ct. 2015). · cites it 2× “The trial court denied the motions, explaining that, even if there had been a violation of the Habeas Corpus Act (Act) (735 ILCS 5/10-101 et seq. (West 2012)), the suppression of his statements was not an appropriate remedy.”
People v. Alexander, 2014 IL App (4th) 130132 (Ill. App. Ct. 2015). “¶ 17 In October 1997, defendant filed a petition for writ of habeas corpus pursuant to the Habeas Corpus Act (735 ILCS 5/10-101 to 10-137 (West 1996)), alleging that he was entitled to immediate release from prison because (1) he was innocent; (2) the State’s indictment was…”
People v. VanderArk, 2015 IL App (2d) 130790 (Ill. App. Ct. 2016). · cites it 2× “The trial court denied the motions, explaining that, even if there had been a violation of the Habeas Corpus Act (Act) (735 ILCS 5/10-101 et seq. (West 2012)), the suppression of his statements was not an appropriate remedy.”
People v. Willis, 2025 IL App (1st) 232204 (Ill. App. Ct. 2025). “¶5 In August 2016, defendant filed a pro se petition for relief under the Habeas Corpus Act (735 ILCS 5/10-101 to 10-137 (West 2016)), challenging his transfer to adult criminal court in his attempted murder case (00 CR 2649).”
In Re Parentage of Unborn Child Brumfield, 673 N.E.2d 461 (Ill. App. Ct. 1996). “(West 1992)), and the proceedings for a writ of habeas corpus (735 ILCS 5/10-101 et seq. (West 1992)). In affirming this case, we believe that we and the circuit court have followed precedent.”
Harchut v. OCE/Bruning, Inc., 682 N.E.2d 432 (Ill. App. Ct. 1997). “2d 395 (1983); see generally 735 ILCS 5/2-1401 (West 1994) (relief from judgments); 735 ILCS 5/10-101 to 10-137 (West 1994) ( habeas corpus ); 725 ILCS 5/122-1 to 122-7 (West 1994) (post-conviction hearing).”
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