Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, and shall specify: First. By whom the person in whose behalf the writ is applied for is restrained of his liberty, and the place where, naming all the parties, if they are known, or describing them, if they are not known. Second. The cause or pretense of the restraint, according to the best of the knowledge and belief of the applicant. Third. If the restraint be alleged to be illegal, in what the illegality consists.
§ 1332.Application - How Made - Contents
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1332 requires a habeas corpus application to be a signed, verified petition naming the person restrained and the custodian, stating the cause of the restraint, and explaining why that restraint is illegal.
Full Text of § 1332
Amendment History
R.L. 1910, § 4883.
Plain-English Summary
Section 1332 sets the ground rules for starting a habeas corpus case. The petition must be signed and verified - by the person restrained or by someone acting on their behalf - and it must lay out three things.
First, it must identify who is holding the person and where, naming the parties if known or describing them if not. Second, it must state the cause or pretense of the restraint, to the best of the applicant's knowledge. Third, if the restraint is illegal, the petition must explain what makes it illegal.
Frequently Asked Questions
Who can sign the habeas corpus petition?
Either the person restrained (the plaintiff) or someone signing on their behalf can sign and verify the petition.
What if I don't know the name of the person holding the detainee?
The statute allows a description of the custodian when the name isn't known, rather than requiring an exact name.
Does the petition have to explain why the restraint is illegal?
Yes - if the applicant claims the restraint is illegal, the petition must specify what makes it illegal.
Does the petition need to be verified?
Yes, Section 1332 requires the petition to be signed and verified.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: habeas corpus petition requirementshow to petition for habeas corpus oklahomaverified habeas corpus applicationcontents of habeas corpus petition