782.01 Habeas corpus, who to have; definitions. (1) Every person restrained of personal liberty may prosecute a writ of habeas corpus to obtain relief from such restraint subject to ss. 782.02 and 974.06. (2) Any person confined in any hospital or institution as mentally ill or committed for treatment of alcoholism or drug dependence under […]
782.02 Who not entitled to. No person shall be entitled to prosecute such writ who shall have been committed or detained by virtue of the final judgment or order of any competent tribunal of civil or criminal jurisdiction or by virtue of any execution issued upon such order or judgment; but no order of commitment […]
782.03 Petition for writ. Application for the writ shall be by petition, signed either by the prisoner or by some person in his or her behalf, and may be made to the supreme court, the court of appeals or the circuit court of the county, or to any justice or judge of the supreme court, […]
782.04 Petition; contents. Such petition must be verified and must state in substance: (1) That the person in whose behalf the writ is applied for is restrained of personal liberty, the person by whom imprisoned and the place where, naming both parties, if their names are known, or describing them if they are not. (2) […]
782.05 Application to officer in another county. Whenever application for any such writ is made to any officer not residing within the county where the prisoner is detained the officer shall require proof, by oath of the party appearing or by other sufficient evidence, that there is no officer in such county authorized to grant […]
782.06 Writ granted without delay. The court or judge to whom such petition shall be properly presented shall grant the same without delay unless it shall appear from the petition or from the documents annexed that the party applying therefor is prohibited from prosecuting the same. History: 1979 c. 32 s. 59; Stats. 1979 s. […]
782.07 Form of writ. (1) Such writ shall be substantially in the following form: The state of Wisconsin: To the sheriff, etc. (or A. B.): You are hereby commanded to have C. D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment, (by whatever name the […]
782.08 Writ, when sufficient. Such writ shall not be disobeyed for any defect in form. It shall be sufficient: (1) If the person having the custody of the prisoner is designated, either by name of office, if any, or by the person’s name, or if both names are unknown or uncertain the person may be […]
782.09 Refusal of writ. Any judge who refuses to grant a writ of habeas corpus, when legally applied for, is liable to the prisoner in the sum of $1,000. History: 1979 c. 32 s. 59; 1979 c. 176, 355; Stats. 1979 s. 782.09. Comity between circuit courts was not a sufficient reason to refuse to […]
782.10 Writ, who may serve. Such writ can only be served by an elector of the state and shall be served as follows: (1) By delivering a copy of the same to the person to whom it is directed. (2) If such person cannot be found, by being left at the jail or other place […]
782.11 Petitioner, when to pay charges. When such writ is directed to any person other than an officer, it may require as a duty to be performed, in order to render the service thereof effectual, that the charges of bringing up such prisoner shall be paid by the petitioner, and in such case the writ […]
782.12 Service of writ, when complete. Except where service is made under s. 782.10 (3), the service of a writ of habeas corpus is not complete until the party serving the writ tenders to the custodian of the prisoner, if an officer, the fees allowed for bringing up the prisoner, nor unless, when required by […]
782.13 Return to writ. Whenever a complete service of such writ shall have been made, the person upon whom it was served, having the custody of the prisoner, whether such writ be directed to the person or not, shall obey and make return to such writ and such prisoner shall be produced at the time […]
782.14 Return, what to state. The respondent shall state in the return: (1) Whether the prisoner is in the respondent’s custody or power. (2) If the prisoner is in the respondent’s custody or power the authority and true cause of such imprisonment, setting forth the same at large. (3) If the prisoner be detained by […]
782.15 Prisoner produced, exception. The respondent shall bring the prisoner, according to the command of such writ, except in the case of sickness as provided in s. 782.29. History: 1979 c. 32 ss. 59, 92 (11); Stats. 1979 s. 782.15.
782.16 Obedience to writ compelled. If any person upon whom such writ shall have been duly served shall refuse or neglect to obey the same, within the time required, and no sufficient excuse shall be shown for such refusal or neglect the court or judge before whom such writ is returnable shall, upon proof of […]
782.17 Attachment of sheriff. If a sheriff neglects to make return to such writ the attachment may be directed to any coroner or other person to be designated therein, who shall execute the same; and such sheriff may be committed to the jail of any county other than the sheriff’s own. History: 1979 c. 32 […]
782.18 Attachment may issue. In case of attachment an order may be issued to the officer or other person to whom such attachment is directed, commanding the officer or person to bring, forthwith, before the court or judge, the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of […]
782.19 Return may be traversed. The prisoner may move to strike the return or may deny any of the material facts set forth in the return to the writ or allege any fact to show either that the imprisonment is unlawful or that the prisoner is entitled to a discharge, which allegations and denials shall […]
782.20 When party discharged. If no legal cause be shown for such imprisonment or restraint or for the continuance thereof the court or judge shall make a final order discharging such party from the custody or restraint. History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.20.
