TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4204.  Application for writ of habeas corpus by a person not a prisoner. (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.

(2)  The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:

(a)  That the person is unlawfully restrained of his liberty;

(b)  The identity and address of the person restraining the subject of the petition;

(c)  The name and address of the place in which the person is restrained;

(d)  A description of the facts which make the restraint illegal; and

(e)  The theory of law upon which relief is sought, if known.

(3)  Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101, Idaho Code.

History:

[19-4204, added 1999, ch. 376, sec. 2, p. 1028.]