This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Habeas Corpus is a Latin word meaning which literally means 'to have the body of'. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. Further Reading: Types of Writs.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
In United States law, habeas corpus ad subjiciendum (the full name of what habeas corpus typically refers to) is also called "the Great Writ," and it is not about a person's guilt or innocence, but about whether custody of that person is lawful under the U.S. Constitution.
Examples of 'writ of habeas corpus' in a sentence A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.
Dozens of affidavits were contained within the corpus of the lawsuit. Still, what a corpus: almost two hundred books to date, of which sixty-six have headed the Times best-seller list. The rabbit hole that transports Alice to Wonderland might as well be a birth canal concealed within the vast corpus of the earth.
Ask the court for a writ of habeas corpus (a court order telling a public official, like a prison warden, to bring you to the court and show a legal reason for holding you) to challenge your criminal conviction or commitment to another facility or the conditions under which you are being held.
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A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
- Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.