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Illinois Compiled Statutes

735 ILCS 5/10-104 (2026)

Substance of complaint

✓ current as of May 2026
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(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 parties if they are known, or describing them if they are not known.
    2. The cause or pretense of the restraint, according to the best knowledge and belief of the applicant, and that such person is not committed or detained by virtue of any process, or judgment, specified in Section 10-123 of this Act.
    3. If the commitment or restraint is by virtue of any warrant or process, a copy thereof shall be annexed, or it shall be stated that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his or her custody, and that such copy was refused.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Racanelli v. People, 2019 IL App (2d) 180942-U (Ill. App. Ct. 2019).
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Racanelli v. People, 2019 IL App (2d) 180942-U (Ill. App. Ct. 2019). “BACKGROUND ¶4 On June 6, 2018, plaintiff filed a “petition” for habeas corpus (properly, a complaint (see 735 ILCS 5/10-104 (West 2016))) in the circuit court of Lake County.”
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