(a) If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows:

State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]:

______________ County

You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the ______________ court, [or before me, or before E E, Judge, etc., as the case may be], at ______________, on ______________ [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.

This ______________ day of ______________, 20____________ . G H, Judge, etc.

Terms Used In Tennessee Code 29-21-110

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.
(c) When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.