Idaho § 19-4204 - Application for writ of habeas corpus by a person not a prisoner
Full text of Idaho Idaho Statutes § 19-4204 — Application for writ of habeas corpus by a person not a prisoner, with citation guidance and answers to common questions.
§ 19-4204. Application for writ of habeas corpus by a person not a prisoner
[effective until January 1, 2027] (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.
(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:
(a) That the person is unlawfully restrained of his liberty;
(b) The identity and address of the person restraining the subject of the petition;
(c) The name and address of the place in which the person is restrained;
(d) A description of the facts which make the restraint illegal; and
(e) The theory of law upon which relief is sought, if known.
(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101 , Idaho Code.
19-4204. Application for writ of habeas corpus by a person not a prisoner. [effective January 1, 2027] (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.
(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:
(a) That the person is unlawfully restrained of his liberty;
(b) The identity and address of the person restraining the subject of the petition;
(c) The name and address of the place in which the person is restrained;
(d) A description of the facts which make the restraint illegal; and
(e) The theory of law upon which relief is sought, if known.
(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-1-201 , Idaho Code.
[19-4204, added 1999, ch. 376, sec. 2, p. 1028; am. 2026, ch. 79, sec. 19, p. 412.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 19-4204
What does Idaho Statutes § 19-4204 cover?
Section 19-4204 ("Application for writ of habeas corpus by a person not a prisoner") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 19-4204?
A common citation format is "Idaho Statutes § 19-4204" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 19-4204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.