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Wis. Stat. § 782.04

Petition; contents

Applied in 5 court decisions — leading case 197 Wis. 2d 183 - Kellner v. Christian (1995)

Most recently applied in 387 Wis. 2d 50 - Ezequiel Lopez-Quintero v. Michael A. Dittmann (May 2019)

1979 c. 32 ss. 59, 92 (11); 1979 c. 176; Stats. 1979 s. 782.04.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Such petition must be verified and must state in substance:

(1) That the person in whose behalf the writ is applied for is 2782.04 HABEAS CORPUS restrained of personal liberty, the person by whom imprisoned and the place where, naming both parties, if their names are known, or describing them if they are not.

(2) That such person is not imprisoned by virtue of any judgment, order or execution specified in s. 782.02.

(3) The cause or pretense of such imprisonment according to the best of petitioner’s knowledge and belief.

(4) If the imprisonment is by virtue of any order or process a copy thereof must be annexed, or it must be averred that, by reason of such prisoner being removed or concealed a demand of such copy could not be made or that such demand was made and a fee of $1 therefor tendered to the person having such prisoner in custody, and that such copy was refused.

(5) In what the illegality of the imprisonment consists.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.