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

Wash. Rev. Code § 7.36.040 (2026)

Who may grant writ

✓ current as of May 2026
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Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, and upon application the writ shall be granted without delay.
[ 1971 c 81 s 31; 1957 c 9 s 10; Code 1881 s 668; 1877 p 138 s 671; 1869 p 156 s 608; 1854 p 212 s 436; RRS s 1066.]

Notes:

Rules of court: Cf. RAP 16.3, 18.22.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1974–2024 · leading case: In re the Pers. Restraint of Turay, 150 Wash. 2d 71 (Wash. 2003).
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In re the Pers. Restraint of Turay, 150 Wash. 2d 71 (Wash. 2003). · cites it 5× “In 1971, the legislature amended RCW 7.36.040 to provide the Court of Appeals with jurisdiction in habeas corpus matters.”
In Re Turay, 74 P.3d 1194 (Wash. 2003). · cites it 4× “In 1971, the legislature amended RCW 7.36.040 to provide the Court of Appeals with jurisdiction in habeas corpus matters.”
Holt v. Morris, 529 P.2d 1081 (Wash. 1974). · cites it 5× “The jurisdiction of the court of appeals shall be as provided by statute or by rules authorized by statute.”
Matter of Johnson, 933 P.2d 1019 (Wash. 1997). “030, the Legislature declared, with enumerated exceptions, the Court of Appeals has "exclusive appellate jurisdiction in all cases.”
In re the Pers. Restraint of Johnson, 131 Wash. 2d 558 (Wash. 1997). “030, the Legislature declared, with enumerated exceptions, the Court of Appeals has "exclusive appellate jurisdiction in all cases.”
Toliver v. Olsen, 746 P.2d 809 (Wash. 1987). “4, § 30(2), RCW 7.36.040 and RAP 16.3(c) (Court of Appeals); Const.”
In re Brown, 670 P.2d 673 (Wash. Ct. App. 1983). · cites it 2× “50); 2 RCW 7.36.040. 3 The adoption of RAP 16.3 through 16.”
Olson v. Chase, 531 P.2d 508 (Wash. Ct. App. 1975). “Petitioner’s original writ was filed with this court May 14, 1974.”
In Re The Marriage Of: Leslie Orr, & Jeffrey Mccann (Wash. Ct. App. 2019). “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). “”); see also RCW 7.36.040 (“[w]rits of habeas corpus may be granted by the supreme court, the court of appeals, or superior court.”
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