Notes on Petition, Praecipe, and Writ of Habeas Corpus 1. 2. !. $. ).

It creates a hearing so that you can prosecute the opponent to determine the nature and cause of the restraint of liberty which is being imposed on you. It is a tool for collateral attac on some process. It is a tool for "udicial re#iew. Petition %writ of praecipe to cler &writ 'bill of particulars(&hearing for the return of the writ Petition '#erified( a. state who the opposing party is b. who is restraining your liberty ' eeper of the ey( c. how they are restraining your liberty d. why you belie#e that it is illegal e. where they are restraining your liberties at +ou must ha#e exhausted your administrati#e remedies and all other remedies before you can use the writ of habeas corpus,an e-traordinary writ. If you get into a hearing and you get into the merits of the writ, you will wai#e the writ. If it is a hearing to determine if the writ should issue, the only thing you want to as is whether the writ is sufficient (a-e) above. If it is a hearing for the return on the writ, the only thing you want to tal about is /where is the return of the writ0, that is, the answers to the 1uestions that you ha#e as ed on the writ. It is the privilege of the writ of habeas corpus that cannot be suspended. 3nywhere along the line that a "udge or cler refused to file or ser#e the writ, then they are guilty of suspending the pri#ilege. In that case ma e out an affida#it stating to those facts and ser#e it on the "udge or cler . If they still refuse to issue the writ, then ta e it to the ne-t higher court and attach the affida#it that demonstrates that the lower court has suspended the pri#ilege. No fee is re1uired up front to file the writ. 5emanding a filing fee is the same as suspension of the pri#ilege 3nyone can file a writ for someone else, but the Petitioner has to spea in court. 5o not incorporate damages, that is another law suit later. 7on a garnishment you would be denied your liberty to contract without impairment

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4. 16. 11. 12.