To use this form, you must be a person who is or will be serving a sentence under a judgment against you in a state court. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison.A habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. The law in the area is an intricate weave of statute and case law. Submit one original petition to the Court. Petition; contents thereof; supreme court may prescribe form of petition, verification and writ; duties of clerk. Losh, appeals a summary dismissal of his petition for a writ of habeas corpus because the court failed to provide for a full evidentiary hearing. Completing the Habeas Corpus Petition. Complete the habeas corpus petition according to the directions on the form which is enclosed in this packet.