§660-5 Complaint. Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth:

(1) The person by whom, and the place where, the party is imprisoned or restrained, naming the party and the person detaining the party, if their names are known, and describing them if they are not known;

(2) The cause or pretense of imprisonment or restraint, according to the knowledge and belief of the applicant;

(3) If the imprisonment or restraint is by virtue of any warrant or other process, an annexed copy thereof, unless it is made to appear that a sufficient reason exists for not annexing the same;

(4) That there has been no determination of the legality of the detention on a prior application for a petition for a writ of habeas corpus, or, if there has been a previous determination, the new grounds, if any, not presented and determined upon the previous application.

The facts alleged shall be verified by the oath of some credible person, to be administered by any person authorized to administer oaths. [L 1870, c 32, §3; RL 1925, §2729; RL 1935, §4314; RL 1945, §10355; am L 1953, c 101, §2; RL 1955, §239-5; HRS §660-5; am L 1972, c 90, §5(c); gen ch 1993]

Case Notes

When application is made by person other than one for whom relief is sought it should show either authority for making application or sufficient reason for absence of such authority. But writ if issued will not be quashed if such authority does not appear. 10 H. 701 (1897).

Jurisdiction is in circuit judge at chambers. 31 H. 630 (1930).