Wis. Stat. » CHAPTER 782 — HABEAS CORPUS
Wisconsin Statutes

Wis. Stat. § 782.10 (2026)

Writ, who may serve

✓ current as of July 2026
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782.10782.10 Writ, who may serve. Such writ can only be served by an elector of the state and shall be served as follows:
782.10(1)(1) By delivering a copy of the same to the person to whom it is directed.
782.10(2)(2) If such person cannot be found, by being left at the jail or other place in which the prisoner may be confined, with any underofficer or other person of proper age having charge of such prisoner.
782.10(3)(3) If the person on whom the writ ought to be served hides or refuses admittance to the party attempting to serve the writ, by affixing the copy, in some conspicuous place on the outside of the house or other place where the prisoner is confined.
782.10(4)(4) The person serving the writ shall make due and prompt return thereof with proof of service.
782.10 HistoryHistory: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.10.
Notes of Decisions
Cited in 2 cases, 1987–2015 · leading case: State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987).
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State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). · cites it 6× “" [6] Sec. 782.10(1), Stats., provides as follows: "782.”
Off. of Lawyer Reg. v. Carson, 2015 WI 26 (Wis. 2015). “§ 782.10 requires that a habeas petition be served upon the *332 warden or left with an underofficer at the institution that has charge of the inmate.”
Wis. Stat. § 782.10(1): 1 case
State Ex Rel. Jones v. Gerhardstein, 416 N.W.2d 883 (Wis. 1987). “" [6] Sec. 782.10(1), Stats., provides as follows: "782.”
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