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    hc4 Writ

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    El-Seti Anu Ali El
    The document is a draft writ of habeas corpus petition on behalf of Tom Meredith challenging his detention. It directs Robert Smith to release Meredith from custody or show cause within 3 days why the writ should not be granted by stating the authority and cause of imprisonment. It also outlines the requirements for Robert Smith's return and sets a hearing within 5 days of the return.

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    © All Rights Reserved
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    hc4 Writ

    Uploaded by

    El-Seti Anu Ali El
    75 views2 pages
    The document is a draft writ of habeas corpus petition on behalf of Tom Meredith challenging his detention. It directs Robert Smith to release Meredith from custody or show cause within 3 days why the writ should not be granted by stating the authority and cause of imprisonment. It also outlines the requirements for Robert Smith's return and sets a hearing within 5 days of the return.

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    hc4-writ

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    The document is a draft writ of habeas corpus petition on behalf of Tom Meredith challenging his detention. It directs Robert Smith to release Meredith from custody or show cause within 3 days why the writ should not be granted by stating the authority and cause of imprisonment. It also outlines the requirements for Robert Smith's return and sets a hearing within 5 days of the return.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    75 views2 pages

    hc4 Writ

    Uploaded by

    El-Seti Anu Ali El
    The document is a draft writ of habeas corpus petition on behalf of Tom Meredith challenging his detention. It directs Robert Smith to release Meredith from custody or show cause within 3 days why the writ should not be granted by stating the authority and cause of imprisonment. It also outlines the requirements for Robert Smith's return and sets a hearing within 5 days of the return.

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    © All Rights Reserved
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    You are on page 1of 2

    William Jones

    10000 Mount High Blvd.


    Nowhere, California
    Private Attorney

    FIRST DRAFT

    [NOTE: Italicized blue text is commentary and must be removed from the
    final copy. This paper is somewhat generalized, so all of the wording
    should be edited to be certain that it is relevant to the case at hand.
    Not all of the paragraphs will apply to your case, so remove those that do
    not apply.]

    DISTRICT COURT FOR COUNTY OF CALAMITY


    STATE OF NEVADA

    William Jones ) CASE NO. ________


    )
    Petitioner, ) WRIT OF HABEAS CORPUS
    ) ORDER TO SHOW CAUSE
    ) IN RE TOM MEREDITH
    v. ) [28 USC 2243]
    )
    ) Magistrate: _
    Respondent ) Date: _
    ) Time: _
    ) Dept: _
    ________________________________)_______________________________

    [Note, the following is oriented toward California. You need to do some


    research and convert it for your situation in your own state.]

    TO ROBERT SMITH, PLEASE TAKE NOTICE THAT on November , 2002, a PETITION


    FOR WRIT OF HABEAS CORPUS is filed in the above-entitled court.

    IT APPEARING THAT THE APPLICANT IS ENTITLED THERETO, ROBERT SMITH IS


    DIRECTED, in accordance with Title 28, USC, Sec. 2243,to forthwith release
    Tom Meredith from custody. If Tom Meredith is not forthwith released from
    custody, then within three (3) calendar days after service of this writ
    ROBERT SMITH shall make a return certifying the true cause of the
    detention, and shall show cause why the writ should not be granted. On
    application to the court, for good cause additional time not exceeding
    twenty days may be allowed for the return.

    ROBERT SMITH must state in his return, plainly and unequivocally:

    1. Whether he has or has not the party in his custody, or under


    his power or restraint;

    2. If he has the party in his custody or power, or under his


    restraint, he must state the authority and cause of such
    imprisonment or restraint;

    3. If the party is detained by virtue of any writ, warrant, or


    other written authority, a copy thereof must be annexed to the
    return, and the original produced and exhibited to the Court or
    Judge on the hearing of such return;
    4. If the person upon whom the writ is served had the party in
    his power or custody, or under his restraint, at any time prior
    or subsequent to the date of the writ of habeas corpus, but has
    transferred such custody or restraint to another, the return must
    state particularly to whom, at what time and place, for what
    cause, and by what authority such transfer took place;

    5. The return must be signed by the person making the same, and,
    except when such person is a sworn public officer, and makes such
    return in his official capacity, it must be verified by his oath.

    The applicant or the person detained may, under oath, deny any of the facts
    set forth in the return or allege any other material facts.

    The return and all suggestions made against it may be amended, by leave of
    court, before or after being filed.

    When the writ or order is returned a day shall be set for hearing, not more
    than five days after the return unless for good cause additional time is
    allowed.

    Because the petition presents issues of fact as well as issues of law, if


    Tom Meredith is constrained by actual physical force, then Robert Smith is
    required to produce at the hearing the body of the person detained.

    At the hearing the court shall summarily hear and determine the facts, and
    dispose of the matter as law and justice require.

    THE COURT
    (SEAL) [An actual paper-embossing seal is preferred,
    but if you don't have one, the word "(SEAL)"
    is legally equivalent.]

    WILLIAM JONES [Either petitioners name or court clerk's name goes here]
    Private Attorney [or Clerk of Court]

    [It is preferable to have the clerk of the court sign, seal, and serve the
    person having custody. But, if the clerk refuses, then the private
    attorney signs, seals, and serves the writ. If the clerk refuses to file
    the papers, then tell the clerk to "FILE ON DEMAND". The clerk has a
    rubber stamp hidden below the counter, which he can use to stamp the
    paper.]

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