§ 10-9-3 - Application for writ – Contents.

SECTION 10-9-3

   § 10-9-3  Application for writ –Contents. – Application for such a writ shall be made to the supreme or superior or familycourt, or to any justice of those courts, by complaint in writing, signed bythe party for whose relief it is intended, or by some person in his or herbehalf, setting forth:

   (1) The person by whom and the place where the party isimprisoned or restrained, naming the prisoner and the person detaining him orher 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 theimprisonment or restraint is by virtue of any warrant or other process a copythereof shall be annexed or it shall be made to appear that a copy thereof hasbeen demanded and refused, or that for some sufficient reason a demand of acopy could not be made. The facts set forth in the complaint shall be verifiedby the oath of the person making the application or by that of some othercredible witness, which oath may be administered by the court or justice towhom the application is made, or by any justice of the peace or notary public.