Rhode Island § 10-9-4 - Habeas Corpus
Full text of Rhode Island Rhode Island General Laws § 10-9-4 — Habeas Corpus, with citation guidance and answers to common questions.
§ 10-9-4. Habeas Corpus
R.I. Gen. Laws § 10-9-4
§ 10-9-4. Issuance of writ — Forms.
(a) The court or justice to whom the complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff or deputy sheriff of this state, or against the warden of any correctional institution in this state, or against any marshal or deputy marshal of the United States, it shall be substantially in the following form:
The State of Rhode Island.
SC.
(SEAL) To .............................. Greeting:
We command you, that the body of .......... of .......... , in your custody (or, by you imprisoned or restrained of his or her liberty, as the case may be), as it is said, together with the day and cause of his or her taking and detaining by whatsoever name the said .......... shall be called or charged, you have before our supreme (or superior as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive what our court shall then and there consider concerning him or her in this behalf, and have there this writ.
Witness, the seal of the .......... court at .......... this ....... day of .......... , in the year ..... .
Or, witness my hand this ....... day of .......... in the year ..... .
Justice of the .......... court.
(b) And if not against an officer as described in subsection (a), it shall be substantially in the following form:
The State of Rhode Island.
SC.
To the sheriffs of our several counties and their deputies,
(SEAL) Greeting:
We command you, that the body of .......... of .......... by .......... of .......... imprisoned or restrained of his or her liberty, as it is said, you take and have before our supreme (or superior, as the case may be) court, held at .......... immediately after the receipt of this writ, to do and receive whatever the court shall then consider concerning him or her in this behalf, and summon the said .......... then and there to appear before our said court to show the cause of the taking and detaining of the said .......... and have you there this writ with your doings thereon.
Witness, the seal of the .......... court at .......... this ....... day of .......... in the year ..... .
, Clerk.
Or, witness my hand this ....... day of .......... in the year ..... .
Justice of the .......... court.
History of Section.
C.P.A. 1905, § 655; G.L. 1909, ch. 305, § 4; G.L. 1923, ch. 356, § 4; G.L. 1938, ch.
584, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-4; P.L. 1974, ch.
220, § 1; P.L. 1997, ch. 326, § 169; P.L. 2021, ch. 77, § 9, effective June 23, 2021;
P.L. 2021, ch. 78, § 9, effective June 23, 2021.
Frequently Asked Questions About Rhode Island § 10-9-4
What does Rhode Island General Laws § 10-9-4 cover?
Section 10-9-4 ("Habeas Corpus") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. 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 Rhode Island § 10-9-4?
A common citation format is "Rhode Island General Laws § 10-9-4" (Rhode Island). 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 Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 10-9-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island 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 Rhode Island.