(a)  The court or justice to whom the complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:

The State of Rhode Island.

SC.

(SEAL)            To ………………………… Greeting:

We command you, that the body of ………. of ………. , in your custody (or, by you imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the day and cause of his or her taking and detaining by whatsoever name the said ………. shall be called or charged, you have before our supreme (or superior as the case may be) court, held at ………. immediately after the receipt of this writ, to do and receive what our court shall then and there consider concerning him or her in this behalf, and have there this writ.

Witness, the seal of the ………. court at ………. this ……. day of ………. , in the year ….. .

Or, witness my hand this ……. day of ………. in the year ….. .

Justice of the ………. court.?

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Terms Used In Rhode Island General Laws 10-9-4

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b)  And if not against an officer as described in subsection (a), it shall be substantially in the following form:

The State of Rhode Island.

SC.

To the sheriffs of our several counties and their deputies,

(SEAL)            Greeting:

We command you, that the body of ………. of ………. by ………. of ………. imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, held at ………. immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him or her in this behalf, and summon the said ………. then and there to appear before our said court to show the cause of the taking and detaining of the said ………. and have you there this writ with your doings thereon.

Witness, the seal of the ………. court at ………. this ……. day of ………. in the year ….. .

, Clerk.?

Or, witness my hand this ……. day of ………. in the year ….. .

Justice of the ………. court.?

History of Section.
C.P.A. 1905, § 655; G.L. 1909, ch. 305, § 4; G.L. 1923, ch. 356, § 4; G.L. 1938, ch. 584, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-4; P.L. 1974, ch. 220, § 1; P.L. 1997, ch. 326, § 169; P.L. 2021, ch. 77, § 9, effective June 23, 2021; P.L. 2021, ch. 78, § 9, effective June 23, 2021.