§ 10-9-3. Application for writ — Contents.
Application for such a writ shall be made to the supreme or superior or family court,
or to any justice of those courts, by complaint in writing, signed by the party for
whose relief it is intended, or by some person in his or her behalf, setting forth:
(1) The person by whom and the place where the party is imprisoned or restrained, naming
the prisoner and the person detaining him or her if their names are known, and describing
them if they are not known.
(2) The cause or pretense of the imprisonment or restraint, according to the kn
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§ 10-9-3. Application for writ — Contents.
Application for such a writ shall be made to the supreme or superior or family court,
or to any justice of those courts, by complaint in writing, signed by the party for
whose relief it is intended, or by some person in his or her behalf, setting forth:
(1) The person by whom and the place where the party is imprisoned or restrained, naming
the prisoner and the person detaining him or her if their names are known, and describing
them if they are not known.
(2) The cause or pretense of the imprisonment or restraint, according to the knowledge
and belief of the person applying. If the imprisonment or restraint is by virtue of
any warrant or other process a copy thereof shall be annexed or it shall be made to
appear that a copy thereof has been demanded and refused, or that for some sufficient
reason a demand of a copy could not be made. The facts set forth in the complaint
shall be verified by the oath of the person making the application or by that of some
other credible witness, which oath may be administered by the court or justice to
whom the application is made, or by any justice of the peace or notary public.