Texas Code of Criminal Procedure 11.14 – Application Requirements
(a) An application for a writ of habeas corpus must state substantially:
1. That the applicant is illegally restrained in the applicant’s liberty, and by whom, naming both parties, if their names are known, or if unknown, designating and describing them;
2. When the applicant is confined or restrained by virtue of any writ, order or process, or under color of either, a copy shall be annexed to the application, or it shall be stated that a copy cannot be obtained;
3. When the confinement or restraint is not by virtue of any writ, order or process, the application may state only that the applicant is illegally confined or restrained in the applicant’s liberty;
4. There must be a prayer in the application for the writ of habeas corpus; and
5. Oath must be made that the allegations of the application are true, according to the belief of the applicant or petitioner.
(b) In addition to the requirements under Subsection (a), a petitioner must state in the application and under oath that the petitioner is presenting the application with the applicant’s knowing and voluntary consent.
Terms Used In Texas Code of Criminal Procedure 11.14
- 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.
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.