An Emergency Habeas Corpus is filed when the moving party, Assistant State's Attorney, Public Defender, or private attorney determine that a defendant is being held illegally.
Steps required to file such motion are as follows:
- Motions are to be filed in the Clerk’s Office, 2650 South California Avenue, 5th Fl., Room 526, Chicago, IL 60608.
- Pay the applicable fee at the time of filing. (Click here for fee schedule)
- Moving Parties' Attorney submits documents with a short summary of the facts.
- A hearing is required before the Presiding Judge. The attorney or whoever is making the cause selects the hearing date.
- Motion is then submitted to the Clerk’s Office for filling at the front counter.
- The Clerk's Office assigns a case number, prepares the file jacket and the memorandum of orders (half sheets).
- A case number is given to the petition
- Immediately following, the file is delivered and added to the Presiding Judge's call for a hearing.
- All pertinent data is entered into the Clerk's Office Information System, (Name, case number, and hearing date for underlying case; if one exists.)