How to File a Habeas Corpus

Learning how to file a habeas corpus petition can be easy once you familiarize yourself with how the legal system works. A habeas corpus act means 'you have the body' in Latin. Today, it refers to the power each citizen has when it comes to unlawful imprisonment. No official entity can harm your physical integrity by detaining you without fair and solid evidence that must be presented in the court of law.

A prisoner can file a habeas corpus petition or he can delegate a third party to do it in his name. By filing such a petition he is asking a court to revise if he is lawfully detained or not. Usually, habeas corpus petition are a top priority for courts and are placed at the very top of court dockets and ahead of any other civilian cases.

The first step in filing a habeas corpus petition is to obtain a habeas corpus form. You have two sources. You can get it either from a state court or the federal court. In both cases, the form is the same. The second step will be to fill out all the details about the prisoner who is requesting the habeas corpus petition. He must be correctly identified with complete, full name. The identity of his custodian is also a requirement, along with the place and date of the requested court hearing.

Writing down the reasons for soliciting a habeas corpus hearing is the third step in the process. Usually, habeas corpus acts are invoked when a prisoner is unjustly detained, or his due process has been rejected, or when bail is extremely excessive and he can't afford to pay it. The forth step is to send the habeas corpus petition to the appropriate court. After that, the court will either deny the petition or schedule a hearing for the prisoner.