HRS §660-5
How to ask for a writ of habeas corpus
Read the official text at capitol.hawaii.gov ↗This section explains what you must include in a written complaint to ask a court for a writ of habeas corpus. It lists the information you need to provide, like who is holding you and why, and requires you to swear the facts are true. It also says you must show whether a previous request was already decided.
courts
The statute, as written — Complaint
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth: (1) The person by whom, and the place where, the party is imprisoned or restrained, naming the party and the person detaining the party, if their names are known, and describing them if they are not known; (2) The cause or pretense of imprisonment or restraint, according to the knowledge and belief of the applicant; (3) If the imprisonment or restraint is by virtue of any warrant or other process, an annexed copy thereof, unless it is made to appear that a sufficient reason exists for not annexing the same; (4) That there has been no determination of the legality of the detention on a prior application for a petition for a writ of habeas corpus, or, if there has been a previous determination, the new grounds, if any, not presented and determined upon the previous application. The facts alleged shall be verified by the oath of some credible person, to be administered by any person authorized to administer oaths.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.