Sec. 1. (a) Application for the writ must be made by complaint, signed and verified either by:

(1) the applicant; or

Terms Used In Indiana Code 34-25.5-2-1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) some person on the applicant’s behalf.

     (b) The complaint must specify the following:

(1) Who is restraining the applicant’s liberty, the place where the applicant is being held, and the names of all the parties, if they are known, or descriptions of them if they are not known.

(2) The cause or pretense of the restraint, according to the best of the knowledge and belief of the applicant.

(3) If the restraint is alleged to be illegal, the nature of the illegality.

[Pre-1998 Recodification Citation: 34-1-57-2.]

As added by P.L.1-1998, SEC.21.