Wash. Rev. Code » Title 7 · Chapter 7.36
Revised Code of Washington

Wash. Rev. Code § 7.36.030 (2026)

✓ current as of May 2026
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Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his or her behalf, and shall specify:
(1) By whom the petitioner is restrained of his or her liberty, and the place where, (naming the parties if they are known, or describing them if they are not known).
(2) The cause or pretense of the restraint according to the best of the knowledge and belief of the applicant.
(3) If the restraint be alleged to be illegal, in what the illegality consists.
[ 2011 c 336 s 186; Code 1881 s 667; 1877 p 138 s 670; 1869 p 156 s 607; 1854 p 212 s 435; RRS s 1065.]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1955–2024 · leading case: Butler v. Kato, 154 P.3d 259 (Wash. Ct. App. 2007).
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Butler v. Kato, 154 P.3d 259 (Wash. Ct. App. 2007). “The conditions imposed were "direct commands" and certainly constrained his right to autonomous decision-making, his right against self-incrimination, and his right to confidentiality.”
Butler v. Kato, 137 Wash. App. 515 (Wash. Ct. App. 2007). “The conditions imposed were “direct commands” and certainly constrained his right to autonomous decision making, his right against self-incrimination, and his right to confidentiality.”
Harris v. Charles, 214 P.3d 962 (Wash. Ct. App. 2009). “010 provides: "Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
Harris v. Charles, 151 Wash. App. 929 (Wash. Ct. App. 2009). “” RCW 7.36.030(1). If the petitioner shows that his restraint is illegal, the court must discharge him.”
In RE SCHREIFELS v. Schreifels, 287 P.2d 1001 (Wash. 1955). “RCW 7.36.030 sets out the requirements for such a writ: “Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, and shall specify: “ (1) By whom the petitioner is restrained of his liberty, and the place…”
In RE NAHL v. Delmore, 301 P.2d 161 (Wash. 1956). “RCW 7.36.030 provides: “Application for the writ [of habeas corpus] shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, .”
State of Washington v. Alejandro Herrera-Castro (Wash. Ct. App. 2019). “3(a) (personal restraint petition as an original action in the appellate courts); RCW 7.36.030 (habeas corpus as a form of relief in superior court); CrR 7 .”
In Re The Marriage Of: Leslie Orr, & Jeffrey Mccann (Wash. Ct. App. 2019). “RCW 7.36.030; RCW 7.36.040. It also requires that a writ "be directed to the officer or party having the person under restraint.”
Christopher A. Nielsen, V. Island Cnty. Sheriffs (Wash. Ct. App. 2024). “3d 259 (2007); RCW 7.36.030. However, while the “writ of habeas corpus is available .”
— Wash. Rev. Code § 7.36.030(1) — 2 cases
Harris v. Charles, 214 P.3d 962 (Wash. Ct. App. 2009). “010 provides: "Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
Harris v. Charles, 151 Wash. App. 929 (Wash. Ct. App. 2009). “” RCW 7.36.030(1). If the petitioner shows that his restraint is illegal, the court must discharge him.”
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