Vermont Statutes Title 12 Sec. 5913
Terms Used In Vermont Statutes Title 12 Sec. 5913
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
§ 5913. Habeas corpus
Writ of Habeas Corpus
(Commencement as in § 5903.)
To the sheriff of ……………… (or person having the custody of the prisoner,) (to be designated by his or her name or name of office) or to any sheriff in the State, or his or her deputy, (as the case may be)
Greeting:
By the authority of the State of Vermont, you are hereby commanded that the body of A. B. of ……………………………………… , in the prison in ……………………………………… , in the county of ……………… , (or by you imprisoned and restrained of his or her liberty,) (as the case may be) together with the day and cause of his or her commitment (taking and detaining,) by whatsoever name the said A. B. shall be called or charged, you have forthwith before the ………………………… court now sitting at, etc., or before me, at …………………………………. (if issued by a Justice of the Supreme Court or a Superior judge) to do and receive what the said court shall then and there consider concerning him or her in this behalf, and have you have this writ.
(in case of imprisonment or detention by any person not an officer of this State, or of the courts of the United States, insert as follows) And you are hereby further commended to summon the said …………………………………. (naming the person by whom such prisoner is restrained) to appear before said court or before me (as the case may be) at the time and place aforesaid, and show the cause, if any he or she have, of the taking and of detaining said A. B.
Dated at ………………………… in the county of ……………….. , the ……………….. day of ………………………… A.D. 20 ……….
Judge, etc., or Clerk.