Wisconsin Statutes
Wis. Stat. § 782.04 (2026)
Petition; contents
✓ current as of July 2026
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782.04(1)(1) That the person in whose behalf the writ is applied for is restrained of personal liberty, the person by whom imprisoned and the place where, naming both parties, if their names are known, or describing them if they are not.
782.04(2)(2) That such person is not imprisoned by virtue of any judgment, order or execution specified in s. 782.02.
782.04(3)(3) The cause or pretense of such imprisonment according to the best of petitioner’s knowledge and belief.
782.04(4)(4) If the imprisonment is by virtue of any order or process a copy thereof must be annexed, or it must be averred that, by reason of such prisoner being removed or concealed a demand of such copy could not be made or that such demand was made and a fee of $1 therefor tendered to the person having such prisoner in custody, and that such copy was refused.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1984–2024 · leading case: Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019).
Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019). “" See Wis. Stat. § 782.04 (a petition for habeas corpus "must be verified").”
Kellner v. Christian, 539 N.W.2d 685 (Wis. 1995). “1984), the court of appeals dismissed a petition for a writ of habeas corpus because the writ was not properly verified under Wis. Stat. 782.04. 3 The court stated that the purpose of the verification was to assure "that the statements contained therein are presented with some…”
State Ex Rel. Fuentes v. Wisconsin Court of Appeals, 593 N.W.2d 48 (Wis. 1999). “However, nineteen days after filing the petition and a month before this court accepted his petition for briefing and argument, Fuentes did file a separate verification. *455 While we consider it much better practice to have a petition verified at the time that it is filed, we…”
State Ex Rel. Santana v. Endicott, 2006 WI App 13 (Wis. Ct. App. 2005). “This statute states, in pertinent part: Such petition must be verified and must state in substance: (1) That the person in whose behalf the writ is applied for is restrained of personal liberty, the person by whom imprisoned and the place where, naming both parties, if their…”
Maier v. Byrnes, 358 N.W.2d 833 (Wis. Ct. App. 1984). “We alternatively hold that even if the petition had been timely filed, it failed to meet the statutory requirements of sec. 782.04, Stats., since it was not verified.”
State Ex Rel. Christie v. Husz, 579 N.W.2d 243 (Wis. Ct. App. 1998). “4 We limit our holding to pro se prisoners. If a prisoner is represented by counsel, the prisoner's attendance, either in person or by telephonic means, may not be necessary.”
Ezequiel Lopez-Quintero v. Michael A. Dittmann (Wis. 2019). “" See Wis. Stat. § 782.04 (a petition for habeas corpus "must be verified").”
Youngmark v. Foster (E.D. Wis. 2020). “In its order dismissing the petitions, the Wisconsin Court of Appeals began by stating that “[t]he petitions will be stricken because they are not verified as required by Wis. Stat. §782.04 .” Dkt. No. 1-1 at 52.”
Lee v. Avila (E.D. Wis. 2020). “The Wisconsin Court of Appeals struck the petition “because it was not verified as required by Wis. Stat. §782.04 (2013-14).” Dkt. No. 9-2 at 2.”
Off. of Lawyer Reg. v. Carson, 2015 WI 26 (Wis. 2015). “§ 782.04 requires that a habeas petition be verified.”
Rafeal D. Newson v. Randall R. Hepp (Wis. Ct. App. 2024). “§ 974.06(4) and Escalona-Naranjo. This appeal is dismissed on those same bases.”
Wis. Stat. § 782.04(1): 1 case
Off. of Lawyer Reg. v. Carson, 2015 WI 26 (Wis. 2015). “§ 782.04 requires that a habeas petition be verified.”
Wis. Stat. § 782.04(5): 2 cases
Ezequiel Lopez-Quintero v. Michael A. Dittmann, 928 N.W.2d 480 (Wis. 2019). “" See Wis. Stat. § 782.04 (a petition for habeas corpus "must be verified").”
Ezequiel Lopez-Quintero v. Michael A. Dittmann (Wis. 2019). “" See Wis. Stat. § 782.04 (a petition for habeas corpus "must be verified").”
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