In the caption, the case should be styled “Ex parte [name of person whose liberty is being restrained],” and the court that entered the commitment order should be designated.
For a petition for writ of habeas corpus to be filed in a court of appeals, see form 35-11.
For an order granting writ of habeas corpus and for a writ of habeas corpus, see forms 35-13 and 35-14 respectively, modifying their language for use at the trial court level.
Petition for Writ of Habeas Corpus in Trial Court
[to Release Adult]
1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]
2.[Name of relator], Relator, who resides in [county] County, Texas, is illegally confined and restrained of liberty in the county jail in [county] County, Texas, by [name], the sheriff of that county. The confinement and restraint are imposed under the authority of a commitment order issued by this Court under Cause No. [number] on [date].
3.In support of this petition, Relator would respectfully show that Relator has served the punitive portion of the commitment but does not presently have the means to comply with the coercive portion of the order.
4.Because of these circumstances, Relator prays that the Court issue a writ of habeas corpus and, on hearing, that Relator be discharged from the confinement and restraint described in this petition.
[Name]
Attorney for Relator
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]