DISCLAIMER for Hideous Corpus:

This is good information and copies of the FL Laws on Habeas Corpus. The state laws in other states are almost the same.

However this is not prepared by RBC and has some misinformation. Use Petition For Habeas Corpus that is prepared by Clarkson.

Instructions for Florida Writ of Habeas Corpus and Affidavit

Contents

1.       Introduction and Instructions

2.      Florida law regarding Habeas Corpus

3.      Petition for Writ of Habeas Corpus

4.      Supporting Affidavit 

Introduction

 Definition of Habeus Corpus

  1. A writ ordering a prisoner to be brought before a judge;
  2. The civil right to obtain a writ of habeas corpus as protection against illegal imprisonment.

Everyone who fights the sewer system of corrupt government needs items 2 and 3 above these already signed and ready to go.   That means you must have one or more of these with a friend or family member to submit on your behalf so you don’t rot in jail for days, weeks, or longer without being able to see anyone or get a proper release.  When you disappear because of an arrest, your friend must do the following.

Instructions - Your friend must:

  1. Read and understand Florida Statute 79 – Habeas Corpus in the following pages and pay particular attention to paragraph 79.03  Service of writ.
  2. Visit or call the Clerk or jail.
  3. Discover the county holding you, the case number, and the assigned judge.
  4. Fill in the blank spaces on the forms with the information received.
  5. Make 2 copies of the forms and keep the original.
  6. Give one copy of the filled-in forms to the Sheriff, the Circuit Clerk, or the County Jail holding you, and tell the recipient to serve them on the judge.
  7. Give one copy to the State Attorney or District Attorney since they are the only ones who can suspend the writ.

Note:  Non-Assumpsit beneath signature – NOT a promise or undertaking, and NOT founded on a consideration, express or implied.
The 2006 Florida Statutes – Chapter 79 – Habeas Corpus

79.01  Application and writ.

79.02  Bond may be required.

79.03  Service of writ.

79.04  Return to writ.

79.05  Compelling return and production of body.

79.06  Effect of the return.

79.07  Procurement of evidence.

79.071  Notice to prosecutor.

79.08  Hearing and judgment.

79.09  Filing of papers.

79.10  Effect of judgment.

79.12  Trial of accused pending appeal.

79.01  Application and writ.--When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to any circuit judge for a writ of habeas corpus and shows by affidavit or evidence probable cause to believe that he or she is detained without lawful authority, the court, justice, or judge to whom such application is made shall grant the writ forthwith, against the person in whose custody the applicant is detained and returnable immediately before any of the courts, justices, or judges as the writ directs.

History.--s. 1, Sept. 16, 1822; s. 1, ch. 3129, 1879; RS 1771; GS 2248; RGS 3571; CGL 5435; s. 29, ch. 67-254; s. 413, ch. 95-147.

79.02  Bond may be required.--When it appears necessary, the court, justice, or judge granting the writ shall require bond with surety to be approved by the judge or clerk payable to the Governor executed in such manner and reasonable penalty as the court, justice, or judge prescribes; conditioned for the payment of the charges and costs awarded against the prisoner and that he or she will not escape by the way. The bond shall be filed and may be sued on in the name of the Governor for the benefit of any person interested therein. In the event of inability to give bond for the payment of charges and costs, he or she may be permitted, in the place thereof, to make deposit in such amount as the court, justice, or judge requires.

History.--s. 1, Sept. 16, 1822; s. 1, ch. 3129, 1879; RS 1771; GS 2248; RGS 3571; CGL 5435; s. 29, ch. 67-254; s. 414, ch. 95-147.

79.03  Service of writ.--When issued, the writ shall be served by the sheriff of the county in which the petitioner is alleged to be detained on the officer or other person against whom it is issued, or in his or her absence from the place where the prisoner is confined, on the person having the immediate custody of the prisoner. When the sheriff of the county is the person holding the party detained, a delivery to or receipt of the writ by the sheriff is sufficient service.

History.--s. 2, ch. 3129, 1879; RS 1772; GS 2249; RGS 3572; CGL 5436; s. 29, ch. 67-254; s. 415, ch. 95-147.

79.04  Return to writ.--

(1)  The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, justice or judge before whom the writ is made returnable without delay and at the same time certify to the cause of the detention.

(2)  When the writ is issued, the court shall set an early return date, at which time the formal return of the defendant shall be made. In the absence of a motion to quash or a motion for discharge notwithstanding the return, issue is joined when the return is filed and the action shall be ready for final disposition.

History.--s. 2, Sept. 16, 1822; s. 2, ch. 3129, 1879; RS 1773; GS 2250; RGS 3573; CGL 5437; s. 29, ch. 67-254.

79.05  Compelling return and production of body.--

(1)  CIVIL LIABILITY.--Any person failing to return to the writ served on him or her with the cause of the prisoner's detention, or to bring the body of the prisoner before the court, justice, or judge, according to the command of the writ for 3 days after the service shall forfeit and pay to the prisoner the sum of $300.

(2)  BY PROCEEDINGS BY THE COURT.--A justice or judge in vacation may enforce obedience to any writ of habeas corpus and in cases pending before the Supreme Court, or any of the justices thereof, writs for the enforcement of obedience may be directed to the sheriff or other officer.

History.--ss. 3, 4, Sept. 16, 1822; ss. 3, 4, ch. 3129, 1879; RS 1774; GS 2251; RGS 3574; CGL 5438; s. 29, ch. 67-254; s. 416, ch. 95-147.

79.06  Effect of the return.--

(1)  GENERALLY.--The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice or judge before whom the return is made may examine into the cause of the imprisonment or detention, receive evidence in contradiction of the return, and determine it as the truth of the case requires.

(2)  IN CASES OF CONTEMPT.--On the return of the writ when the cause of detention appears to be a contempt, plainly and specifically charged in the commitment by some court officer or body having authority to commit for the contempt so charged and for the time stated, the court, justice or judge before whom the writ is returnable shall remand the prisoner forthwith if the time for detention for contempt has not expired.

History.--s. 6, Sept. 16, 1822; s. 6, ch. 3129, 1879; RS 1775; GS 2252; RGS 3575; CGL 5439; s. 29, ch. 67-254.

79.07  Procurement of evidence.--When it is inconvenient to procure the personal attendance of a witness, the witness's affidavit, taken upon reasonable notice to the adverse party, may be received in evidence.

History.--s. 7, Sept. 16, 1822; s. 7, ch. 3129, 1879; RS 1776; GS 2253; RGS 3576; CGL 5440; s. 29, ch. 67-254; s. 417, ch. 95-147.

79.071  Notice to prosecutor.--If the validity of any statute, criminal law proceeding or conviction is attacked by habeas corpus in the circuit court, notice of the application for the writ shall be given to the prosecuting attorney of the court in which the statute under attack is being applied, the criminal law proceeding is being maintained or the conviction has occurred.

History.--s. 29, ch. 67-254.

79.08  Hearing and judgment.--The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner's imprisonment, and shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and the evidence require; and shall either award against the prisoner the charges of his or her transportation, not exceeding 15 cents per mile and the costs of the proceedings, or shall award the costs in the prisoner's favor, or shall award no costs or charges against either party, as is right. The clerk of the court in which such action is pending shall issue execution for the costs and charges awarded.

History.--s. 5, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1777; GS 2254; RGS 3577; CGL 5441; s. 29, ch. 67-254; s. 418, ch. 95-147.

79.09  Filing of papers.--Before a circuit judge the petition and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained. Before the other courts, justices or judges, the papers shall be filed with the clerk of the court on which the justice or judge sits.

History.--s. 8, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1778; GS 2255; RGS 3578; CGL 5442; s. 29, ch. 67-254.

79.10  Effect of judgment.--The judgment is conclusive until reversed and no person remanded by the judgment while it continues in force shall be at liberty to obtain another habeas corpus for the same cause or by any other proceeding bring the same matter again in question except by an appeal or by action of false imprisonment; nor shall any person who is discharged from confinement by the judgment be afterward confined or imprisoned for the same cause except by order of a court of competent jurisdiction.

History.--s. 9, Sept. 16, 1822; s. 9, ch. 3129, 1879; RS 1779; GS 2256; RGS 3579; CGL 5443; s. 29, ch. 67-254.

79.12  Trial of accused pending appeal.--When in any criminal prosecution a writ of habeas corpus is applied for by any person charged with any criminal offense and the accused has been remanded to custody by the court to which such application is made, a supersedeas[1] of the order made on appeal being taken to an appellate court shall not prevent the state from proceeding with the prosecution of the accused pending the decision by the appellate court in the habeas corpus, but the state may prosecute the accused as if appeal had not been taken in habeas corpus. If the accused is convicted of the charge, the court shall withhold imposition of sentence and final judgment until the appellate court has determined the issues presented in the habeas corpus.

History.--s. 1, ch. 10098, 1925; CGL 5445; s. 29, ch. 67-254.


_________________________________________

_________________________________________

_________________________________________

______________________________

Petitioner/Alleged Defendant

vs.

STATE OF FLORIDA

Alleged Plaintiff

In re: Case No. ___________________________

____________________________

COUNTY COURT JUDGE

Under Constitutional Oath

Writ of Habeas Corpus Supported by Affidavit

COMES NOW, _____________________________ Petitioner, and commands this court to issue the writ of habeas corpus as a matter of law without sale or delay as supported by the attached Affidavit.

By: ________________________________

Petitioner

Attachment: Affidavit of Petitioner

copy to: State/District Attorney

              ____________________________

Date signed:  ________________

Date served on Judge: ____________________


                  IN THE COUNTY COURT IN AND FOR

 _____________________COUNTY

_______________________________

Petitioner/Alleged Defendant

IN RE: CASE NO. ___________________

vs

STATE OF FLORIDA In Re

For Service of Process to:

______________________________________

COUNTY COURT JUDGE

as Under Constitutional Oath

As prima facie evidence for specific performance

Jurisdiction: Judge’s Oath of Office as under organic Florida Constitution

As Prima facie evidence of specific performance

 AFFIDAVIT TO SUPPORT WRIT OF HABEAS CORPUS

COMES NOW, ____________________________, Petitioner/Alleged Defendant, and demands this court under the command for the great Writ of Habeas Corpus to issue as a matter of law.

Probable Cause

Petitioner has probable cause to believe that there is sufficient evidence to establish  that Petitioner is being detained without lawful authority because Petitioner has the right to meet  accuser(s), and to answer for any physical injury and/or damage  as against the accusing party who initiated a Criminal complaint supported by a Sworn Affidavit.  To this date, no such evidence has been entered into the case file nor has Petitioner met alleged accuser.

Compelling return and production of body

Petitioner hereby applies for the return of the writ as served on said Judge with the cause of Petitioner’s detention supported by sworn Criminal Complaint with Affidavit, according to the command within three (3) days after the service or shall forfeit and pay to the petitioner/alleged defendant the sum of $300.00.


Release on Own Recognizance Bond


Petitioner also respectfully applies to this court to be released on Own Recognizance Bond without sale or denial with firm promise to appear for any hearing set by this court with the accusing party  to sustain this criminal charge and to produce the injured private party bringing such accusation into the public venue.

Appointment of public defender

Notice of competency

To this day, Petitioner has not seen nor talked with any public defender, and said public defender if so appointed is hereby Fired, Fired, and Fired due to incompetence.  Petitioner hereby asserts rights not to be a ward of the state nor treated as incompetent to handle own affairs.

Effect of Judgment

Petitioner conditionally agrees to be held to the judgment until reversed or to be proven the false imprisonment of Petitioner and for time served.

All statements are true, complete, and not misleading and from first-hand personal knowledge and signed and affirmed under penalty of perjury under Florida common laws, organic Florida Constitution,  provisional remedies, and original jurisdiction.

By: _______________________________

Non-assumpsit

       _______________________________

       _______________________________

Home phone: _______________________________

Date signed: ________________

Date served: _________________

Subscribed and sworn before me on this ___ day of ______________ (month), ______ (year), ________________________________ did appear and sign this document for the purposes so stated and is personally known___ or produced sufficient identification_____.

Signature of Notary __________________________

Printed name: ____________________________

cc: District/State Attorney

     ________________________________



[1] Supersedeas:  A writ of command to suspend the powers of an officer in certain cases, or to stay proceedings under another writ