782.11 – Petitioner, when to pay charges.
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.
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.
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 […]
782.04 – Petition; contents.
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.
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.
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.
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.
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 […]
782.01 – Habeas corpus, who to have; definitions.
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.
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 […]