Tennessee Writ of Habeas Corpus is a legal remedy used to challenge the legality of someone's detention. It is a petition to a court to review the legality of a person’s detention and can be used to secure the release of an individual from unlawful confinement. In Tennessee, there are two types of Writs of Habeas Corpus: The Ex Parte Writ of Habeas Corpus and The Return Habeas Corpus. The Ex Parte Writ of Habeas Corpus is a petition filed by a person who is either in physical custody or claiming some form of restraint over his or her person. This type of Writ is used to determine whether the confinement is legal or not. The court will decide whether to grant the Writ and the petitioner must be present for the hearing. The Return Habeas Corpus is a Writ filed by someone who is not in physical custody, but who claims that a person is being unlawfully detained or restrained. The court will examine the facts of the case and decide whether to grant the Writ. The petitioner does not have to be present at the hearing. In either case, the court will examine the legality of the detention and order the release of the detainee if the detention is found to be unlawful.
Tennessee Writ of Habeas Corpus is a legal remedy used to challenge the legality of someone's detention. It is a petition to a court to review the legality of a person’s detention and can be used to secure the release of an individual from unlawful confinement. In Tennessee, there are two types of Writs of Habeas Corpus: The Ex Parte Writ of Habeas Corpus and The Return Habeas Corpus. The Ex Parte Writ of Habeas Corpus is a petition filed by a person who is either in physical custody or claiming some form of restraint over his or her person. This type of Writ is used to determine whether the confinement is legal or not. The court will decide whether to grant the Writ and the petitioner must be present for the hearing. The Return Habeas Corpus is a Writ filed by someone who is not in physical custody, but who claims that a person is being unlawfully detained or restrained. The court will examine the facts of the case and decide whether to grant the Writ. The petitioner does not have to be present at the hearing. In either case, the court will examine the legality of the detention and order the release of the detainee if the detention is found to be unlawful.
