(1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.
(2)  The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:
(a)  That the person is unlawfully restrained of his liberty;
(b)  The identity and address of the person restraining the subject of the petition;
(c)  The name and address of the place in which the person is restrained;
(d)  A description of the facts which make the restraint illegal; and
(e)  The theory of law upon which relief is sought, if known.

Terms Used In Idaho Code 19-4204

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Oath: A promise to tell the truth.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Prisoner: includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise. See Idaho Code 19-4201A
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
    • (3)  Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101, Idaho Code.