Detroit Michigan Writ of Habeas Corpus

State:
Michigan
City:
Detroit
Control #:
MI-MC-203
Format:
PDF
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Description

This Writ of Habeas Corpus is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.

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FAQ

HOW AND WHERE DO I FILE A WRIT OF HABEAS CORPUS? Usually, you should file your habeas petition with the Superior Court of the county that you are on parole in. You can file your petition by mailing it to the Superior Court clerk.

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 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 writ of habeas corpus is issued by the court to a person who has detained another person, to produce the body of the latter before it. The Court subsequently examines the legality and cause of detention. It'd set the person free if it is found that the detention is illegal.

A petition for writ of habeas corpus is typically filed in the Superior Court where the petitioner was convicted. The Court receiving the petition will then evaluate it within 60 days by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief.

One can file the writ petition of Habeas Corpus in any of the courts, be it High Court or the Supreme Court. Also, one can issue it under the following circumstances where: The person has been detained but has not been produced before the magistrate within 24 hours of arrest.

Court Fees Filing Fees$402.00Civil Filing fee$5.00Writ of Habeas CorpusMiscellaneous Filing Fees$49.00Registering a judgment from another district (28 U.S.C. § 1963)24 more rows

Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

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Detroit Michigan Writ of Habeas Corpus