532.020. Application, how made--petition and oath. - Missouri Statutes

Application, how made--petition and oath.

532.020. Application for the writ shall be made by petition,signed by the party for whose relief it is intended, or by someperson in his behalf, to some court of record, or to any judgethereof other than a municipal judge. The petition shall beverified by the oath of the applicant, or some other competentperson and shall state in substance by whom the party for whomthe relief is prayed is imprisoned or restrained of his liberty,and the place where, naming both parties, if their names areknown, or describing them if they are not, all the factsconcerning the imprisonment or restraint, and the true causethereof, to the best of the knowledge and belief of the party,and that no application for the relief sought has been made to orrefused by any court, officer or officers, superior to the one towhom the petition is presented; and, if the imprisonment isalleged to be illegal, the petition also shall state in what theillegality consists.

(RSMo 1939 § 1591, A.L. 1955 p. 776, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1427; 1919 § 1877; 1909 § 2442

Effective 1-2-79