Habeas Corpus Petition

I obtained the following Form for a  Petition for Writ of Habeas Corpus from Stetson College of Law in Gulfport, FL, library.

 

[Caption]

TO: THE ________ COURT, COUNTY OF ________:

The petition of [Petitioner’s Name], for a Writ of Habeas Corpus, respectfully shows to this Court and alleges:

1. I am imprisoned and restrained of my liberty at the ________ Jail of ________ County, and the officer or person by whom I am so restrained is the Defendant above-named, the Warden of said Jail.

2. I have not been committed and am not detained by virtue of any final judgment or decree, or any final order, mandate or process.

3. The cause or pretense of such imprisonment or restraint, according to my best knowledge and belief, is a commitment issued by the ________ Court, County of ________, based upon an indictment charging me with the crime of ________, a copy of which commitment is annexed hereto, marked “Exhibit A,” and made part hereof.

WHEREFORE, I pray that a Writ of Habeas Corpus issue, directed to the Defendant above-named, or whosoever has custody of the Petitioner before this Court, at a ________ Term, Part ________ thereof, to be held in and for the County of ________, at the Courthouse, [Street Address, City, State] on [date] at ________[a.m./p.m.], so that this Court may inquire into the legality of my detention.

Dated: ________            ________[Signature]

                [Name of Petitioner]

                Petitioner

[Verification]

 

 

I refer you to chapter 79 of the Florida Statutes for details.

 

***

Bob Hurt    bh Blog•Email  f 2460 Persian Drive #70 Clearwater, FL 33763 (727) 669-5511 Law:  Study • Subscribe • Donate Learn to Litigate with Jurisdictionary