Skip to main content
Find a Lawyer

Idaho Statutes Title 19. Criminal Procedure § 19-4204. Application for writ of habeas corpus by a person not a prisoner

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Idaho Statutes Title 19. Criminal Procedure § 19-4204. Application for writ of habeas corpus by a person not a prisoner - last updated January 01, 2024 | https://codes.findlaw.com/id/title-19-criminal-procedure/id-st-sect-19-4204/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard