782.03 Petition for writ. Application for the writ shall be by petition, signed either by the prisoner or by some person in his or her behalf, and may be made to the supreme court, the court of appeals or the circuit court of the county, or to any justice or judge of the supreme court, court of appeals or circuit court or to any circuit or supplemental court commissioner, within the county where the prisoner is detained; or if there is no judge within the county, or for any cause he or she is incapable of acting, or has refused to grant the writ, then to some judge residing in an adjoining county; but every application, made by or on behalf of a person sentenced to the state prisons, must contain a copy of any motion made under s. 974.06 and shall indicate the disposition of the motion and the court in which the disposition was made. If no motion was made, the petition shall so state.
History: 1977 c. 187, 449; 1979 c. 32 s. 59; Stats. 1979 s. 782.03; 2001 a. 61.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
782.01 - Habeas corpus, who to have; definitions.
782.05 - Application to officer in another county.
782.06 - Writ granted without delay.
782.08 - Writ, when sufficient.
782.11 - Petitioner, when to pay charges.
782.12 - Service of writ, when complete.
782.14 - Return, what to state.
782.15 - Prisoner produced, exception.
782.16 - Obedience to writ compelled.
782.17 - Attachment of sheriff.
782.18 - Attachment may issue.
782.19 - Return may be traversed.
782.20 - When party discharged.
782.22 - Discharge if in custody under process.
782.23 - Prisoner, when bailed.
782.24 - Prisoner, when remanded.
782.25 - Custody of prisoner pending proceedings.
782.26 - Interested person notified.
782.27 - Notice to district attorney.
782.28 - Transfer from circuit court commissioner.
782.29 - Proceedings in absence of prisoner; appearance by attorney.
782.30 - Order of discharge, how enforced, action for damages.
782.31 - Nonliability of officers.
782.32 - Reimprisonment for same cause; when cause not same.
782.33 - Warrant in lieu of writ.
782.35 - Warrant, how executed.
782.36 - Proceedings for unlawful detention.
782.37 - Penalty for refusing papers.
782.38 - Reimprisoning party discharged.
782.39 - Concealment of person entitled to writ.
782.44 - Prisoner brought for trial or as witness.
782.45 - Witness fees, inmates of state institutions.
782.46 - Habeas corpus not available to prisoners passing through this state.