California · Penal Code

PEN §1495: No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person

Civil

What this law says, in plain English

A habeas corpus writ cannot be dismissed merely for technical form defects if it clearly identifies who is detaining the person, the detainee, and the court involved.

Read the full statutory text

No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the Court or Judge before whom he is to be brought.

Verify at the official source: California legislative text

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