Ky. Cir. Ct. Clerks' Manual HABEAS CORPUS

49 HABEAS CORPUS

KRS 419.020-419.130

Circuit Court Process Map

 Definition: Latin for "you have the body."

 Habeas Corpus is a writ of inquiry designed to affect the speedy release of a person illegally

deprived of his liberty. The writ is commonly used when a person is seeking to be released

on bail or when a prisoner is challenging extradition or detainer proceedings.

 The petition for a writ of habeas corpus is filed in circuit court as a civil action. The writ

must be signed by the judge issuing it and must be made returnable as soon as possible.

KRS 419.030.

49.1 Writ of Habeas Corpus

1. Upon receipt of a petition and affidavit for a writ of habeas corpus, apply Quick Reference

the FILED stamp; add the date and your initials. File, date, initial

2. Do not collect a filing fee. KRS 419.040, CR 3.02(1), (a).

Do not collect filing

NOTE: The judge who issues the writ may require a bond. Collect the fee

surety bond fee as set forth in the Accounting Manual and give a receipt.

For more information, see Bonds and Sureties.

3. Assign to a division using the procedure in your local court rules.

4. Open a case. For instructions, see to the Case Add section of KyCourts

Manual. Case type code: HABEAS. Case code: HABEAS

5. Generate the next case number for circuit civil CI cases or use the next

pre-numbered file folder. Circuit Civil CI case

6. File the petition and the affidavit on a document screen using document

types:

Document Type:

PHC - Petition for Writ of Habeas Corpus

PHC – Petition

AFF - Affidavit (memo Writ of Habeas Corpus) AFF- Affidavit

7. Do not issue a summons.

8. Take the file folder immediately to any available Circuit Judge for signature Do not issue

along with the writ of habeas corpus, AOC Form 270, Writ of Habeas summons

Corpus. KRS 419.030. AOC Form 270

Deliver immediately

to judge

HABEAS CORPUS

49.2 Issuance of Writ

1. If the judge issues the writ, AOC Form 270, Writ of Habeas Corpus can be Quick Reference

used. Upon receipt of a signed Writ of Habeas Corpus, apply the AOC Form 270

ENTERED stamp; add the date and your initials. Enter, date, initial

2. File on a document screen. Use document type WHC. Document type

WHC

3. Note the hearing on the calendar by completing a scheduled events

screen. Schedule event

4. Deliver two copies of the writ to the sheriff or other serving officer for

service. Make a notation in the document screen memo of the date you

deliver the writ for service. For more information, see Service of Process.

5. When a return is received, enter the return information in the document

screen memo.

6. If judge who issues the writ requires a bond collect the surety bond fee as

set forth in the Accounting Manual and give a receipt. For more

information, see Bonds and Sureties.

49.3 If the Writ is Denied

1. Open the petition for the writ on the document screen and memo “Denied.”

2. Give notice of the denial to the petitioner.

49.4 Order Issued Following Hearing

1. When a signed order is received, apply the ENTERED stamp; add the date Enter, date, initial

and your initials.

2. Enter the order on the document screen including a brief description.

3. After the order is entered, serve notice on every party not in default or

who has not waived notice.

4. Make an entry on the document screen showing the manner (mail or

personal delivery) and date of the service of notice of the order. For more Serve notice of

information, see Notice of Entry. entry

5. When the order closes the case, complete the disposition date, using

disposition type OTH and judge at disposition fields on the case screen.

Disposition type

OTH