Application for writ; verification required; contents; supporting documents.
1. A petition for a writ of habeas corpus must be verified by the petitioner or his counsel. If the petition is verified by counsel, he shall also verify that the petitioner personally authorized him to commence the action.
2. A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of his liberty, the officer or other person by whom he is confined or restrained, and the place where he is confined, naming all the parties if they are known, or describing them if they are not known.
3. If the petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.
4. If the petition requests relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from his conviction or sentence. Argument, citations and other supporting documents are unnecessary.
Last modified: February 27, 2006