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Filing of Habeas Corpus - Emergency

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:
  1. Motions are to be filed in the Clerk’s Office, 2650 South California Avenue, 5th Fl., Room 526, Chicago, IL 60608.
  2. Pay the applicable fee at the time of filing. (Click here for fee schedule)
  3. Moving Parties' Attorney submits documents with a short summary of the facts.
  4. A hearing is required before the Presiding Judge. The attorney or whoever is making the cause selects the hearing date.
  5. Motion is then submitted to the Clerk’s Office for filling at the front counter.
  6. The Clerk's Office assigns a case number, prepares the file jacket and the memorandum of orders (half sheets).
  7. A case number is given to the petition.
  8. Immediately following, the file is delivered and added to the presiding judge's call for a hearing.
  9. All pertinent data is entered into the Clerk's Office Information System, (Name, case number, and hearing date for underlying case; if one exists.)