Ohio Complaint for Writ of Habeas Corpus
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How to fill out Complaint For Writ Of Habeas Corpus?
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FAQ
Section 2725.01 | Persons entitled to writ of habeas corpus. Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.
Section 2731.01 | Mandamus defined. Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station.
When seeking habeas corpus, the individual must include in their petition a statement stating the action they are requesting the court to take. They must also elaborate on the grounds on which they are pursuing relief, meaning that they provide evidence supporting their claim that their imprisonment is unlawful.
Section 2731.02 | Courts authorized to issue writ - contents. The writ of mandamus may be allowed by the supreme court, the court of appeals, or the court of common pleas and shall be issued by the clerk of the court in which the application is made.
Application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying, and verified by affidavit. The court may require notice of it to be given to the defendant, or grant an order to show cause why it should not be allowed, or allow the writ without notice.
This prerogative writ was also imported into section 10(c) of the Charter: 10. Everyone has the right on arrest or detention... c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
