Minnesota Statutes 589.05 – Form of Writ; Requirements
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A writ of habeas corpus must be under the seal of the court, and substantially in the following form:
Terms Used In Minnesota Statutes 589.05
- 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: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
“The State of Minnesota, to the Sheriff of, etc. (or to A.B.):
You are commanded to bring C.D., who is imprisoned and detained by you, by whatever name C.D. is called or charged, before E.F., judge of the ………………… court, at ………………….., on ……….. (or immediately after the receipt of this writ), to receive the court’s judgment on the legality of the detention. Bring this writ to the hearing and be prepared to tell the court the time and cause of imprisonment and detention.
Witness, etc.”