Hawaii Revised Statutes 660-6 – Form of writ
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Terms Used In Hawaii Revised Statutes 660-6
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application that the person detained is not entitled thereto or an order to show cause is issued under § 660-7. The writ of habeas corpus may be in the following form:
State of Hawaii.
To ……………………………..greeting.
We command you that immediately upon the receipt of this writ, you have and produce before…..at…..the body of…..who is unjustly imprisoned and restrained of his liberty, as it is said, to do and receive what shall then and there be considered concerning him in this behalf. And have you there this writ, with your doings thereon.
Witness the Honorable…..at…..this…..day of……………..20….
[Seal]
…………………………..