§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.  Jurisdiction is in
circuit judge at chambers.  31 H. 630.