2017 Wisconsin Statutes & Annotations
Chapter 782. Habeas corpus.
782.04 Petition; contents.

Universal Citation: WI Stat § 782.04 (2017)

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) That such person is not imprisoned by virtue of any judgment, order or execution specified in s. 782.02.

(3) The cause or pretense of such imprisonment according to the best of petitioner's knowledge and belief.

(4) If the imprisonment is by virtue of any order or process a copy thereof must be annexed, or it must be averred that, by reason of such prisoner being removed or concealed a demand of such copy could not be made or that such demand was made and a fee of $1 therefor tendered to the person having such prisoner in custody, and that such copy was refused.

(5) In what the illegality of the imprisonment consists.

History: 1979 c. 32 ss. 59, 92 (11); 1979 c. 176; Stats. 1979 s. 782.04.

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