Minnesota Order - Writ of Habeas Corpus
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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.
Attested as an English legal borrowing by the 1460s, habeas corpus literally means in Latin ?you shall have the body,? or person, in court, and a writ is a formal order under seal, issued in the name of a sovereign, government, court, or other competent authority.
In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
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).
The literal meaning of habeas corpus is "you should have the body"?that is, the judge or court should (and must) have any person who is being detained brought forward so that the legality of that person's detention can be assessed.
Origin of habeas corpus 1. <Latin: literally, have the body (first words of writ), equivalent to habe?s 2nd singular present subjunctive (with imperative force) of hab?re to have + corpus body.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf.
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.
