Keep me logged in until I sign out. A model form habeas corpus petition is available from the clerk s office at most United States District Courts. I have attached two sample petitions that I filed in recent years. It is my preference to list the legal claims in the petition and then to incorporate the facts and legal arguments contained in a Memorandum in Support of Petition for a Writ of Habeas Corpus.
Some practitioners prefer to include the factual allegations in the petition itself.
Except in unusual circumstances, I also file a declaration that includes one copy of pertinent legal documents, court orders, transcripts, and declarations. Habeas Corpus Rule 4 provides that the petitioner need not serve a copy of the petition on respondent or on the legal officer likely to represent respondent, the court serves the respondent and the state s attorney general by certified mail. Nevertheless, I always mail a courtesy copy to the state attorney general to move the process a long. In nearly every case, the federal district court in the State in which the custodian of the petitioner resides has personal jurisdiction over the habeas corpus actions brought by the petitioner. See generally Braden v.