William Jones
10000 Mount High Blvd.
Nowhere, California
Private Attorney

FIRST DRAFT

[NOTE:  Italicized blue text is commentary and must be removed from the final copy.  This paper is somewhat generalized, so all of the wording should be edited to be certain that it is relevant to the case at hand.  Not all of the paragraphs will apply to your case, so remove those that do not apply.]

DISTRICT COURT FOR COUNTY OF CALAMITY
STATE OF NEVADA

William Jones                   ) CASE NO.  ________
                                )
    Petitioner,                 ) WRIT OF HABEAS CORPUS
                                ) ORDER TO SHOW CAUSE
                                ) IN RE TOM MEREDITH
v.                              ) [28 USC 2243]
                                ) 
                                ) Magistrate:                  _
     Respondent                 ) Date:                  _
                                ) Time:                  _
                                ) Dept:                  _
________________________________)_______________________________
                                 
[Note, the following is oriented toward California.  You need to do some research and convert it for your situation in your own state.]

TO ROBERT SMITH, PLEASE TAKE NOTICE THAT on November    , 2002, a PETITION FOR WRIT OF HABEAS CORPUS is filed in the above-entitled court.  

IT APPEARING THAT THE APPLICANT IS ENTITLED THERETO, ROBERT SMITH IS DIRECTED, in accordance with Title 28, USC, Sec. 2243,to forthwith release Tom Meredith from custody.  If Tom Meredith is not forthwith released from custody, then within three (3) calendar days after service of this writ ROBERT SMITH shall make a return certifying the true cause of the detention, and shall show cause why the writ should not be granted.  On application to the court, for good cause additional time not exceeding twenty days may be allowed for the return.

ROBERT SMITH must state in his return, plainly and unequivocally:

1. Whether he has or has not the party in his custody, or under
his power or restraint;

2. If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint;

3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the Court or Judge on the hearing of such return;

4. If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place;

5. The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath.

The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts.

The return and all suggestions made against it may be amended, by leave of court, before or after being filed.

When the writ or order is returned a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed.

Because the petition presents issues of fact as well as issues of law, if Tom Meredith is constrained by actual physical force, then Robert Smith is required to produce at the hearing the body of the person detained.

At the hearing the court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.

THE COURT     
			(SEAL) [An actual paper-embossing seal is preferred, 
				but if you don't have one, the word "(SEAL)"
				is legally equivalent.]
 
WILLIAM JONES  [Either petitioners name or court clerk's name goes here]
Private Attorney [or Clerk of Court]

[It is preferable to have the clerk of the court sign, seal, and serve the person having custody.  But, if the clerk refuses, then the private attorney signs, seals, and serves the writ.  If the clerk refuses to file the papers, then tell the clerk to "FILE ON DEMAND".  The clerk has a rubber stamp hidden below the counter, which he can use to stamp the paper.]