Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS

Every person restrained of his or her 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.[ 2011 c 336 s 185; Code 1881 s 666; 1877 p 138 s 669; 1869 p 156 s 606; 1854…

Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and to enforce the rights, and for the protection of minors and persons who have been placed under a guardianship under RCW …

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…

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; …

The writ shall be directed to the officer or party having the person under restraint, commanding him or her to have such person before the court or judge at such time and place as the court or judge shall direct to do and receive what shall be ordered concerning him or her, and h…

If the writ be directed to the sheriff, it shall be delivered by the clerk to him or her without delay.[ 2011 c 336 s 188; Code 1881 s 670; 1877 p 138 s 673; 1869 p 156 s 610; 1854 p 212 s 438; RRS s 1068.]

If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him or her served by delivering the same to such person without delay.[ 2011 c 336 s 189; Code 1881 s 671; 1877 p 139 s 674; 1869 p 156 s 611; 1854 p 212 s 430; RRS s 1069.]

If the person to whom such writ is directed cannot be found or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by posting the same in some conspicuous place, either on his or her dwelling house…

The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he or she refuse after due service to make return, the court shall enforce obedience by attachment.[ 2011 c 336 s 191; Code 1881 s 673; 1877 p 139 s 676; 1869 p 157 s 613; 1854 p …

The return must be signed and verified by the person making it, who shall state:(1) The authority or cause of the restraint of the party in his or her custody.(2) If the authority shall be in writing, he or she shall return a copy and produce the original on the hearing.(3) If he…

The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert t…

The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuation thereof, shall discharge the party.[Code 1881 s 676; 1877 p 139 s 679; 1869 p 157 s 616; 1854 p 213 s 444; RRS s 1…

No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge the party when the term of commitment has not expired, in either of the cases following:(1) Upon any process issued on any final judgment of a court of compe…

In the consideration of any petition for a writ of habeas corpus by the supreme court or the court of appeals, whether in an original proceeding or upon an appeal, if any federal question shall be presented by the pleadings, it shall be the duty of the supreme court to determine …

No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable on account of any defect in the charge or process, or for alleged want of probable cause; but in all cases the court or judge shall summon …

The writ may be had for the purpose of admitting a prisoner to bail in civil and criminal actions. When any person has an interest in the detention, and the prisoner shall not be discharged until the person having such interest is notified.[Code 1881 s 679; 1877 p 140 s 682; 1869…

The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the case.[Code 1881 s 680; 1877 p 140 s 683; 1869 p 158 s 620; 1854 p 214 s 448; RRS s 1078.]Notes:Witnesses, compelling attendance: Chapter 5.56…

No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon.[Code 1881 s 681; 1877 p 140 s 684; 1869 p 158 s 621; 1854 p 214 s 449; RRS s 1079.]

Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparab…

The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.[Code 1881 s 683; 1877 p 141 s 687; 1869 p 159 s 623; 1854 p 214 s 451; RRS s 1081.]

The officer shall execute the writ [warrant] by bringing the person therein named before the court or judge, and the like return of proceedings shall be required and had as in case of writs of habeas corpus.[Code 1881 s 684; 1877 p 141 s 688; 1869 p 159 s 624; 1854 p 214 s 452; R…

The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.[Code 1881 s 68…

Any writ or process authorized by this chapter may be issued and served, in cases of emergency, on Sunday.[Code 1881 s 686; 1877 p 141 s 690; 1869 p 159 s 626; 1854 p 214 s 454; RRS s 1084.]Notes:Superior court, issuance of habeas corpus on nonjudicial days: State Constitution Ar…

All writs and other process authorized by this chapter shall be issued by the clerk of the court, and sealed with the seal of such court, and shall be served and returned forthwith, unless the court or judge shall specify a particular time for such return. And no writ or other pr…

Any person entitled to prosecute a writ of habeas corpus who, by reason of poverty is unable to pay the costs of such proceeding or give security therefor, may file in the court having original jurisdiction of the proceeding an affidavit setting forth such facts and that he or sh…

Notwithstanding RCW 36.18.040, the sheriff may waive fees associated with service of a writ of habeas corpus that was issued for the return of a child when the person who was granted the writ is, by reason of poverty, unable to pay the cost of service.[ 2017 c 272 s 6.]