§ 10-9-3. Application for writ — Contents.
Application for such a writ shall be made to the supreme or superior or family court, or to any justice of those courts, by complaint in writing, signed by the party for whose relief it is intended, or by some person in his or her behalf, setting forth:
(1) The person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her if their names are known, and describing them if they are not known.
(2) The cause or pretense of the imprisonment or restraint, according to the knowledge and belief of the person applying. If the imprisonment or restraint is by virtue of any warrant or other process a copy thereof shall be annexed or it shall be made to appear that a copy thereof has been demanded and refused, or that for some sufficient reason a demand of a copy could not be made. The facts set forth in the complaint shall be verified by the oath of the person making the application or by that of some other credible witness, which oath may be administered by the court or justice to whom the application is made, or by any justice of the peace or notary public.
History of Section.C.P.A. 1905, § 654; G.L. 1909, ch. 305, § 3; G.L. 1923, ch. 356, § 3; G.L. 1938, ch. 584, § 3; G.L. 1956, § 10-9-3; P.L. 1988, ch. 103, § 1.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-9-1. - General right to writ.
Section 10-9-3. - Application for writ — Contents.
Section 10-9-4. - Issuance of writ — Forms.
Section 10-9-5. - Court to which writ returnable.
Section 10-9-6. - Return to Providence superior court when other courts not in session.
Section 10-9-7. - Receipt and return of writ.
Section 10-9-8. - Return or statement by person to whom writ directed.
Section 10-9-9. - Signature and oath to return or statement.
Section 10-9-10. - Body brought with return or statement.
Section 10-9-11. - Illness of person confined.
Section 10-9-12. - Remand, bail, or commitment pending judgment.
Section 10-9-13. - Failure of officer to deliver copy of process by which prisoner held.
Section 10-9-14. - Examination of cause of restraint — Adjournment.
Section 10-9-15. - Notice to party on whose process restraint based.
Section 10-9-16. - Notice to attorney general or complainant in criminal cases.
Section 10-9-17. - Denial of facts in return or statement — Hearing of evidence.
Section 10-9-18. - Discharge on failure to show cause for restraint.
Section 10-9-19. - Admission to bail.
Section 10-9-20. - Order as to bail when person held on civil mesne process.
Section 10-9-21. - Remand to custody.
Section 10-9-22. - Appeals and exceptions barred — Subsequent application to supreme court allowed.
Section 10-9-23. - Enforcement of writ by attachment as for contempt.
Section 10-9-24. - Attachment and commitment of a member of the division of sheriffs.
Section 10-9-25. - Forfeiture for failure to receive and execute writ.
Section 10-9-26. - Precept after disobedience of writ.
Section 10-9-27. - Transfer or concealment of prisoner with intent to avoid writ.
Section 10-9-28. - Common law remedies not barred by penalties.
Section 10-9-29. - Rearrest of discharged person.
Section 10-9-30. - Judicial powers not restrained.
Section 10-9-31. - Power of justices to admit to bail.
Section 10-9-32. - Judicial power to bring in criminal defendants and witnesses.