Habeas Corpus is a Civil Proceeding. In Michigan, habeas corpus is a civil proceeding, rather than criminal.The court explained that a party filing a federal habeas corpus petition must exhaust their state court remedies prior to filing the petition. I declare under penalty of perjury that the foregoing is true and correct and that this Petition for Writ of Habeas. A writ of habeas corpus is a summons that carries the same force as a court order, and requires prison officials to bring a prisoner before the court. To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. Habeas corpus is a kind of petition filed in federal court claiming that a state prisoner is being held in violation of federal law. Application for the Original Writ. An application for a writ of habeas corpus must be made to the appropriate district court. The writ may also be employed in a wide variety of situations not involving criminal proceedings.
