Revised Code of Washington - RCW Title 7 Special Proceedings And Actions - Chapter 7.36 Habeas Corpus

7.36.010 Who may prosecute writ
Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, ...

7.36.020 Parents, guardians, etc., may act for persons under disability
Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and ...

7.36.030 Petition -- Contents
Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, and shall ...

7.36.040 Who may grant writ
Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, ...

7.36.050 To whom directed -- Contents
The writ shall be directed to the officer or party having the person under restraint, commanding him to have such person before the court or ...

7.36.060 Delivery to sheriff if to him directed
If the writ be directed to the sheriff, it shall be delivered by the clerk to him without delay.[Code 1881 § 670; 1877 p 138 ...

7.36.070 Service by sheriff if directed to another
If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him served by delivering the ...

7.36.080 Service when person not found
If the person to whom such writ is directed cannot be found or shall refuse admittance to the sheriff, the same may be served by ...

7.36.090 Return -- Attachment for refusal
The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he refuse after due service to make ...

7.36.100 Form of return -- Production of person
The return must be signed and verified by the person making it, who shall state: (1) The authority or cause of the restraint of the ...

7.36.110 Procedure -- Pleadings -- Amendment
The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the ...

7.36.120 Hearing -- Determination
The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for ...

7.36.130 Limitation upon inquiry
No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge the party when ...

7.36.140 Duty of courts when federal question is raised
In the consideration of any petition for a writ of habeas corpus by the supreme court or the court of appeals, whether in an original ...

7.36.150 Admission to bail or discharge -- Duty of court
No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not ...

7.36.160 Writ to admit prisoner to bail
The writ may be had for the purpose of admitting a prisoner to bail in civil and criminal actions. When any person has an interest ...

7.36.170 Compelling attendance of witnesses
The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the ...

7.36.180 Officers protected from civil liability
No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon.[Code ...

7.36.190 Warrant to prevent removal
Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that ...

7.36.200 Warrant may call for apprehension of offending party
The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged ...

7.36.210 Execution of warrant
The officer shall execute the writ [warrant] by bringing the person therein named before the court or judge, and the like return of proceedings shall ...

7.36.220 Temporary orders
The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings that justice ...

7.36.230 Emergency acts on Sunday authorized
Any writ or process authorized by this chapter may be issued and served, in cases of emergency, on Sunday.[Code 1881 § 686; 1877 p 141 ...

7.36.240 Writs and process -- Issuance -- Service -- Defects -- Amendments
All writs and other process authorized by this chapter shall be issued by the clerk of the court, and sealed with the seal of such ...

7.36.250 Proceeding in forma pauperis
Any person entitled to prosecute a writ of habeas corpus who, by reason of poverty is unable to pay the costs of such proceeding or ...