Idaho Code
Idaho Code § 19-4204 (2026)
Application for writ of habeas corpus by a person not a prisoner. [effective until January 1, 2027]
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1968–2022 · leading case: Coffelt v. State, 440 P.2d 355 (Idaho 1968).
Coffelt v. State, 440 P.2d 355 (Idaho 1968). “" I.C. § 19-4204. "Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must, if it appear that the writ ought to issue, grant the same without delay.”
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “C. § 19-4204. Van Hook argues that “unlawful” orders restrain his liberty because, if he disobeys the “unlawful” orders, he could be subject to arrest.”
Idaho Code § 19-4204(2)(d): 1 case
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “C. § 19-4204. Van Hook argues that “unlawful” orders restrain his liberty because, if he disobeys the “unlawful” orders, he could be subject to arrest.”
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