Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief and must state, in substance, the name of the person on whose behalf the application is made, that he is imprisoned or restrained of his liberty in the county, the place of such imprisonment, if known, the name of the officer or person by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the petition or the petition must allege that a copy thereof has been demanded and refused or must show some sufficient excuse for the failure to demand a copy.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.
Section 15-21-5 - Description of Party if Name Uncertain or Unknown.
Section 15-21-6 - To Whom Petition Addressed.
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.
Section 15-21-9 - Form of Writ.
Section 15-21-12 - Notice to Any Other Person Having Interest Required.
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.
Section 15-21-15 - Subpoenas for Witnesses.
Section 15-21-16 - Service of Writ.
Section 15-21-17 - When Return to Be Made; Form and Contents of Return.
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.
Section 15-21-21 - When Party to Be Discharged or Remanded.
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.
Section 15-21-26 - Reimprisonment for Same Cause After Discharge.
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.
Section 15-21-32 - Proceedings Against Defaulting Witnesses.
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.