Minnesota Statutes

Minn. Stat. § 589.02 (2026)

Petition; To Whom And How Made

✓ current as of May 2026

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A person may apply for a writ of habeas corpus by petition addressed to the supreme court, court of appeals, or to the district court of the county where the petitioner is detained. The petition must be signed and verified by the petitioner or some person applying on the petitioner's behalf. If there is within the county a judge of the court to which the petition is addressed, that judge may grant the writ. If there is no judge within the county capable of acting and willing to grant the writ, it may be granted by a judge in an adjoining county.

Notes of Decisions

Cited in 5 cases, 1956–2015 · leading case: Townsend v. State, 646 N.W.2d 218 (Minn. 2002).

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Townsend v. State, 646 N.W.2d 218 (Minn. 2002). · cites it 4× “See Minn.Stat. § 589.02 (2000) (providing a petition for habeas corpus must be filed in the county where petitioner is incarcerated).”

State of Minnesota, Respondent/Cross-Appellant v. Brian Keith Schnagl, a/k/a Brian Keith Schnagel, Appellant/Cross-Respondent., 859 N.W.2d 297 (Minn. 2015). · cites it 2× “The language of Minn.Stat. § 589.02 (2014) allows the petitioner to petition for a writ of habeas corpus in "the Supreme Court, Court of Appeals, or .”

Paul v. Harris v. Ralph H. Tahash, Warden, Minnesota State Prison, 353 F.2d 119 (8th Cir. 1965). “02 provides: “Application for such writ shall be by petition, signed and verified by the petitioner, or by some person in his behalf, to the supreme court, or to the district court of the county within which the petitioner is detained. Any judge of the court to which the…”

State Ex Rel. Alexander v. Rigg, 76 N.W.2d 478 (Minn. 1956). “” While it is true that this court as well as the district court has original jurisdiction over writs of habeas corpus, it is to be noticed that the last sentence of § 589.02 indicates an intent of the legislature that wherever possible petitioner should seek his writ of habeas…”

Brown v. Litynski, 425 N.W.2d 313 (Minn. Ct. App. 1988). · cites it 2× “The judgment of conviction provides: That defendant stay away from victim’s residence unless they marry and shall remain current with support payments if required.”

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