Your writ of habeas corpus must state the specific relief you are requesting and the reasons you are requesting it. Article I, Section 13 of the Florida Constitution provides: AThe writ of habeas corpus shall be grantable of right, freely and without cost.Habeas corpus is used to challenge the legality of the detention or restraint of a person and to obtain the person's prompt release. To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. A petition for habeas corpus must be filed with the clerk of the court in the county where the defendant is detained. It tests the legality of a detention or a restraint and the goal is to use it really almost i guess it's an emergency basis. At the state level in Florida, the writ can be filed in the circuit court, the district court of appeals or even the state supreme court. Habeas_Corpus_Petitions ; AO 242. Petition for a Writ of Habeas Corpus Under 28 USC § 2241, Habeas Corpus Petitions, Local Rules Forms ; AO 241. Rule 3.820 - HABEAS CORPUS (a) Custody Pending Appeal of Order of Denial.
