Application for a writ of habeas corpus shall be by petition, in writing, sworn to by the person for whose relief it is intended, or by someone in his behalf, describing where and by whom he is deprived of liberty, and the facts and circumstances of the restraint, with the ground relied on for relief; and the application shall be made to the judge or chancellor of the district in which the relator is imprisoned, unless good cause be shown in the petition to the contrary. However, any petition filed by an inmate of any training school or hospital attacking his commitment for a claimed denial of a fundamental constitutional right under the Constitution of the State of Mississippi or of the United States which would affect his commitment shall be filed in a court of the county from which he was committed. And, if filed in any other court, the judge of that court shall, if he grants the writ, make it returnable to a court of the county from which the relator was committed; and in the case of a person committed by a youth court, not less than five (5) days' notice prior to hearing shall be given to the county attorney or district attorney of the county of commitment.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-43-1. To what cases the writ extends
§ 11-43-5. Relator not discharged on account of defective proceedings
§ 11-43-11. Refusal to grant writ
§ 11-43-13. Bail by the way may be required
§ 11-43-15. Writ issued by judge or clerk
§ 11-43-17. Form and service of writ
§ 11-43-19. Taking of person in certain cases
§ 11-43-21. May be served on Sunday
§ 11-43-23. Where and when returnable
§ 11-43-25. When person detaining another guilty of crime
§ 11-43-27. Production of the body
§ 11-43-29. What the return or answer shall contain
§ 11-43-31. Penalty for disobedience of the writ
§ 11-43-37. Return not conclusive
§ 11-43-39. Witnesses subpoenaed-affidavits of
§ 11-43-41. Record of proceedings
§ 11-43-43. Conclusiveness of judgment
§ 11-43-45. Sheriff to attend trial
§ 11-43-47. Costs in certain cases, and security for
§ 11-43-49. Defaulting witness dealt with
§ 11-43-51. Liabilities and rights of witnesses
§ 11-43-53. Appeal in habeas corpus
§ 11-43-55. Procedure on appeal from judgment on habeas corpus