When any person not being committed or detained for any criminal or supposed criminal matter is confined or restrained of his liberty under any color or pretense whatever, he may proceed by appropriate action as prescribed by the Colorado rules of civil procedure in the nature of habeas corpus which petition shall be in writing, signed by the party or some person on his behalf, setting forth the facts concerning his imprisonment and wherein the illegality of such imprisonment consists, and in whose custody he is detained. The petition shall be verified by the oath or affirmation of the party applying or some other person on his behalf. If the confinement or restraint is by virtue of any judicial process or order, a copy thereof shall be annexed thereto or an affidavit made that the same has been demanded and refused. The same proceedings shall thereupon be had in all respects as are directed in section 13-45-101.
Source: R.S. 353, § 2. G.L. § 1324. G.S. § 1610. R.S. 08: § 2918. C.L. § 6487. CSA: C. 77, § 2. CRS 53: § 65-1-2. C.R.S. 1963: § 65-1-2.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 45 - Habeas Corpus - General Provisions
§ 13-45-101. Petition for Writ - Criminal Cases
§ 13-45-102. Petition for Relief - Civil Cases
§ 13-45-103. Hearing - Pleadings - Discharge
§ 13-45-104. Witnesses - Duty of Sheriff
§ 13-45-105. Court to Examine Witnesses
§ 13-45-106. Bail - Recognizance - Binding Witness - Repeal
§ 13-45-107. Remand - Second Writ - Offenses Not Bailable
§ 13-45-108. Second Writ - Bailable Offense
§ 13-45-109. Once Discharged - Reimprisonment
§ 13-45-110. Prisoner Not to Be Removed - When
§ 13-45-111. Removal of Prisoners - Causes
§ 13-45-112. Judge Refusing or Delaying Writ - Penalty
§ 13-45-113. Failure to Obey Writ - Penalty
§ 13-45-114. Avoiding Writ - Penalty
§ 13-45-116. Detention After Release - Penalty
§ 13-45-117. Forfeitures Go to Use of Prisoner
§ 13-45-118. Recovery of Forfeiture Not Bar to Civil Suit
§ 13-45-119. Writ to Testify or Be Surrendered - Run to Any County - Copy - Fees