Idaho Code
Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT
Section 19-4204 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER.

19-4204. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER. (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.
(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:
(a) That the person is unlawfully restrained of his liberty;
(b) The identity and address of the person restraining the subject of the petition;
(c) The name and address of the place in which the person is restrained;
(d) A description of the facts which make the restraint illegal; and
(e) The theory of law upon which relief is sought, if known.
(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101, Idaho Code.

History:
[19-4204, added 1999, ch. 376, sec. 2, p. 1028.]

Structure Idaho Code

Idaho Code

Title 19 - CRIMINAL PROCEDURE

Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

Section 19-4201 - SHORT TITLE.

Section 19-4201A - DEFINITIONS.

Section 19-4202 - JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS.

Section 19-4203 - WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS.

Section 19-4204 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER.

Section 19-4205 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER.

Section 19-4206 - PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES.

Section 19-4207 - APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER.

Section 19-4208 - GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS.

Section 19-4209 - PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS.

Section 19-4210 - DISCOVERY IN HABEAS CORPUS PROCEEDINGS.

Section 19-4211 - ISSUANCE OF WRIT OF HABEAS CORPUS.

Section 19-4212 - INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER.

Section 19-4213 - RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE.

Section 19-4214 - RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE.

Section 19-4215 - RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS.

Section 19-4216 - RELIEF AVAILABLE FOR DETAINERS.

Section 19-4217 - INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES.

Section 19-4218 - TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES.

Section 19-4219 - IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES.

Section 19-4220 - SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES.

Section 19-4221 - SUCCESSIVE CLAIMS.

Section 19-4222 - PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED.

Section 19-4223 - RIGHT OF ACCESS TO COURT NOT EXPANDED.

Section 19-4224 - EXCLUSIVE REMEDY.

Section 19-4225 - LIBERTY INTEREST NOT CREATED.

Section 19-4226 - SEVERABILITY.