§ 10-9-4. Issuance of writ — Forms.
(a) The court or justice to whom the complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:
The State of Rhode Island.
SC.
(SEAL) To .............................. Greeting:
We command you, that the body of .......... of .......... , in your custody (or, by you imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the day and cause of his or her taking and detaining by whatsoever name the said .......... shall be called or charged, you have before our supreme (or superior as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive what our court shall then and there consider concerning him or her in this behalf, and have there this writ.
Witness, the seal of the .......... court at .......... this ....... day of .......... , in the year ..... .
Or, witness my hand this ....... day of .......... in the year ..... .
(b) And if not against an officer as described in subsection (a), it shall be substantially in the following form:
The State of Rhode Island.
SC.
To the sheriffs of our several counties and their deputies,
(SEAL) Greeting:
We command you, that the body of .......... of .......... by .......... of .......... imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him or her in this behalf, and summon the said .......... then and there to appear before our said court to show the cause of the taking and detaining of the said .......... and have you there this writ with your doings thereon.
Witness, the seal of the .......... court at .......... this ....... day of .......... in the year ..... .
Or, witness my hand this ....... day of .......... in the year ..... .
History of Section.C.P.A. 1905, § 655; G.L. 1909, ch. 305, § 4; G.L. 1923, ch. 356, § 4; G.L. 1938, ch. 584, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-4; P.L. 1974, ch. 220, § 1; P.L. 1997, ch. 326, § 169; P.L. 2021, ch. 77, § 9, effective June 23, 2021; P.L. 2021, ch. 78, § 9, effective June 23, 2021.
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.