RCW 7.36.010 Who may prosecute writ. Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal. [ 2011 c 336 § 185; Code 1881 § 666; 1877 p 138 § 669; […]
RCW 7.36.020 Parents, guardians, etc., may act for minors, persons under guardianship or conservatorship. Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and to enforce the rights, and for the protection of minors and persons who have been placed […]
RCW 7.36.030 Petition—Contents. Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his or her behalf, and shall specify: (1) By whom the petitioner is restrained of his or her liberty, and the place where, (naming the parties if they are known, or […]
RCW 7.36.040 Who may grant writ. Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, and upon application the writ shall be granted without delay. [ 1971 c 81 § 31; 1957 c 9 § 10; Code 1881 § […]
RCW 7.36.050 To whom directed—Contents. The writ shall be directed to the officer or party having the person under restraint, commanding him or her to have such person before the court or judge at such time and place as the court or judge shall direct to do and receive what shall be ordered concerning him […]
RCW 7.36.060 Delivery to sheriff if to him or her directed. If the writ be directed to the sheriff, it shall be delivered by the clerk to him or her without delay. [ 2011 c 336 § 188; Code 1881 § 670; 1877 p 138 § 673; 1869 p 156 § 610; 1854 p 212 […]
RCW 7.36.070 Service by sheriff if directed to another. If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him or her served by delivering the same to such person without delay. [ 2011 c 336 § 189; Code 1881 § 671; 1877 p 139 […]
RCW 7.36.080 Service when person not found. If the person to whom such writ is directed cannot be found or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by posting the same in some conspicuous place, either […]
RCW 7.36.090 Return—Attachment for refusal. The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he or she refuse after due service to make return, the court shall enforce obedience by attachment. [ 2011 c 336 § 191; Code 1881 § 673; 1877 p 139 § 676; […]
RCW 7.36.100 Form of return—Production of person. The return must be signed and verified by the person making it, who shall state: (1) The authority or cause of the restraint of the party in his or her custody. (2) If the authority shall be in writing, he or she shall return a copy and produce […]
RCW 7.36.110 Procedure—Pleadings—Amendment. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert the return […]
RCW 7.36.120 Hearing—Determination. The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuation thereof, shall discharge the party. [Code 1881 § 676; 1877 p 139 § 679; 1869 p 157 § 616; 1854 p […]
RCW 7.36.130 Limitation upon inquiry. No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge the party when the term of commitment has not expired, in either of the cases following: (1) Upon any process issued on any final judgment of a court […]
RCW 7.36.140 Duty of courts when federal question is raised. In the consideration of any petition for a writ of habeas corpus by the supreme court or the court of appeals, whether in an original proceeding or upon an appeal, if any federal question shall be presented by the pleadings, it shall be the duty […]
RCW 7.36.150 Admission to bail or discharge—Duty of court. No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable on account of any defect in the charge or process, or for alleged want of probable cause; but in all […]
RCW 7.36.160 Writ to admit prisoner to bail. The writ may be had for the purpose of admitting a prisoner to bail in civil and criminal actions. When any person has an interest in the detention, and the prisoner shall not be discharged until the person having such interest is notified. [Code 1881 § 679; […]
RCW 7.36.170 Compelling attendance of witnesses. The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the case. [Code 1881 § 680; 1877 p 140 § 683; 1869 p 158 § 620; 1854 p 214 § 448; RRS § 1078.] NOTES: […]
RCW 7.36.180 Officers protected from civil liability. No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon. [Code 1881 § 681; 1877 p 140 § 684; 1869 p 158 § 621; 1854 p 214 § 449; RRS § 1079.]
RCW 7.36.190 Warrant to prevent removal. Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some […]
RCW 7.36.200 Warrant may call for apprehension of offending party. The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint. [Code 1881 § 683; 1877 p 141 § 687; 1869 p 159 § 623; 1854 […]
