How to file a petition for Habeas Corpus

Habeas Corpus means having the body in Latin. When a prisoner or his representative presented a petition of Habeas Corpus, that person is asking a court to order custody of a prisoner to take it to the Court, in a place, date and time certain.

The Court then required is to determine whether the detention of the prisoner is legal. Such requests are treated as matters of emergency and placed in the upper part of the Court, ahead of other types of civil cases records.


  1. Get the right of Habeas Corpus form, whether it be the Court of the State or federal court.
  2. It writes the identity of the detainee, the identity of the person in charge of the prisoner and the time, date and place of the hearing at the Court required.
  3. It exposes what the prisoner wants to be addressed by the Court. Petitions of Habeas Corpus are usually present when a prisoner alleges unlawful confinement, denial of due process, excessive bail or unfair denial of parole.
  4. Go to the Court with the remedy of Habeas Corpus. Then, the Court will grant or will deny the request or will schedule a hearing to request. If the appeal is granted, the Court shall send a written notice to the custodian of the prisoners, demanding to take the prisoner to the Court the custodian is usually necessary for the prisoner to the Court in 10 days or less.

Tips and warnings

  • It may not be possible to file a petition for Habeas Corpus during a national emergency.