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Terms Used In Vermont Statutes Title 13 Sec. 7136

  • 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.

§ 7136. Priority of procedure

An application for a writ of habeas corpus in behalf of a prisoner entitled to move for relief under sections 7131-7135 of this title, shall not be entertained if it appears that the applicant has failed to apply for relief under this subchapter and 12 V.S.A. §§ 3953 and 3957 or that the court has denied him or her relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his or her detention. (Added 1966, No. 41 (Sp. Sess.), § 2, eff. March 12, 1966.)