§ 9-14-4.Petition for writ — Verification; to whom presented

Two requirements sit inside this section: how the petition gets sworn, and which judge can receive it. Verification comes first — the petition must be backed by the oath of the applicant or someone acting on the applicant’s behalf, which gives the judge some assurance of good faith before ordering anyone brought before the court.

The forum choice follows. A superior court judge of the circuit where the illegal detention exists can take the petition, and that judge may order the detained person brought before the court from anywhere within the circuit, not just the county where the petition is filed. Alternatively, the applicant may bring the petition to the probate judge of the county. That second option comes with two exceptions: capital felony cases and cases where the detained person is held for extradition under a warrant from the Governor. Both categories carry stakes — a capital charge or an interstate rendition proceeding — that the statute keeps out of probate court and reserves for the superior court.

The choice between superior court and probate court gives applicants a practical alternative when the superior court judge of the circuit is unavailable, without opening the two carved-out categories of cases to a court of more limited jurisdiction.