Michigan Complaint for Writ of Habeas Corpus
Description
How to fill out Complaint For Writ Of Habeas Corpus?
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FAQ
A person must go to court on the date of the show cause hearing. If a person fails to appear for the court date, a bench warrant for the person's arrest can be issued. In court, the person must either prove that he or she followed the court's order or explain why the person could not obey the order.
Within a Writ of Habeas Corpus, you petition the court to review the circumstances that led to your imprisonment and, when appropriate, alter those circumstances. When the court approves your petition, the law enforcement agency that is in charge of your detention must prove that your incarceration is lawful and valid.
Description. 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).
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.
General inquiries may be directed to the Clerk's Office by phone at 517-373-0786 or by email to coa_clerk@courts.mi.gov. We recommend that inquiries concerning specific cases be directed to the district office in which the case file is located, if that location is known.
By filing a Petition for a Writ of Habeas Corpus, you are requesting a higher-level court to order a lower-level court, government agency, or government official to bring you before the court to argue the issues you allege in your petition.
For example, if an individual was convicted on the basis that their skin color matched that of the perpetrator ing to eyewitnesses, but there is no other evidence against them, then the individual can appeal for habeas corpus in order to be freed from imprisonment.
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).
