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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) The court or justice to whom the complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:
The State of Rhode Island.
SC.
(SEAL) To ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ Greeting:
We command you, that the body of ․․․․․․․․․․ of ․․․․․․․․․․, in your custody (or, by you imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the day and cause of his or her taking and detaining by whatsoever name the said ․․․․․․․․․․ shall be called or charged, you have before our supreme (or superior as the case may be) court, held at ․․․․․․․․․․ immediately after the receipt of this writ, to do and receive what our court shall then and there consider concerning him or her in this behalf, and have there this writ.
Witness, the seal of the ․․․․․․․․․․ court at ․․․․․․․․․․ this day ․․․․․․․ of ․․․․․․․․․․, in the year․․․․․․․․․․
Or, witness my hand this ․․․․․․․․․․ day of ․․․․․․․․․․in the year ․․․․․․․․․․ Justice of the ․․․․․․․․․․court.
(b) And if not against an officer as described in subsection (a), it shall be substantially in the following form:
The State of Rhode Island.
SC.
To the sheriffs of our several counties and their deputies,
(SEAL) Greeting:
We command you, that the body of ․․․․․․․․․․ of ․․․․․․․․․․ by ․․․․․․․․․․ of ․․․․․․․․․․ imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, held at ․․․․․․․․․․ immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him or her in this behalf, and summon the said ․․․․․․․․․․ then and there to appear before our said court to show the cause of the taking and detaining of the said ․․․․․․․․․․ and have you there this writ with your doings thereon.
Witness, the seal of the ․․․․․․․․․․ court at ․․․․․․․․․․ this ․․․․․․․․․․ day of ․․․․․․․․․․ in the year ․․․․․․․․․․
, Clerk.
Or, witness my hand this ․․․․․․․․․․ day of ․․․․․․․․․․ in the year ․․․․․․․․․․ Justice of the ․․․․․․․․․․ court.
Cite this article: FindLaw.com - Rhode Island General Laws Title 10. Courts and Civil Procedure--Procedure in Particular Actions § 10-9-4. Issuance of writ--Forms - last updated January 01, 2026 | https://codes.findlaw.com/ri/title-10-courts-and-civil-procedure-procedure-in-particular-actions/ri-gen-laws-sect-10-9-4/
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.
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