§660-6 Form of writ. The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application that the person detained is not entitled thereto or an order to show cause is issued under section 660-7. The writ of habeas corpus may be in the following form:
State of Hawaii.
To......................................greeting.
We command you that immediately upon the receipt of this writ, you have and produce before.....at.....the body of.....who is unjustly imprisoned and restrained of his liberty, as it is said, to do and receive what shall then and there be considered concerning him in this behalf. And have you there this writ, with your doings thereon.
Witness the Honorable.....at.....this.....day of.................20....
[Seal]
................................
[L 1870, c 32, §4; RL 1925, §2730; RL 1935, §4315; RL 1945, §10356; am L 1953, c 101, §3; RL 1955, §239-6; HRS §660-6; am L 1972, c 90, §5(d)]
Revision Note
The date "19...." in the form was changed to "20...." pursuant to §23G-15.
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
660-4 For prisoners, for trial or testimony.
660-7 Order to show cause in lieu of writ.
660-12 By supreme court; to whom returnable.
660-13 Issuance to person of unknown name.
660-14 For person of unknown name.
660-16 Person held until writ issues, when.
660-19 Signature, oath, evidence.
660-20 Body to be produced, except when.
660-21 Procedure in case of sickness, etc.
660-22 Disobeying writ or order to show cause, penalties.
660-23 Evading service, penalties.
660-25 Notice to other parties, when.
660-26 Notice to attorney general, when.
660-28 Bail, etc., before judgment.