2025 Session Last amended: 1985 session

§ 589.01 — Writ of Habeas Corpus; Who May Apply

Plain-Language Summary

Any person who is locked up or held against their will can ask for a writ of habeas corpus to be set free. However, this does not apply to people held under a final court judgment in a civil or criminal case. Contempt orders are not considered final judgments, so people held for contempt may still apply.

589.01 WRIT OF HABEAS CORPUS; WHO MAY APPLY.

A person imprisoned or otherwise restrained of liberty, except persons committed or detained by virtue of the final judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon the judgment, may apply for a writ of habeas corpus to obtain relief from imprisonment or restraint. For purposes of this section, an order of commitment for an alleged contempt or an order upon proceedings as for contempt to enforce the rights or remedies of a party is not a judgment, nor does attachment or other process issued upon these types of orders constitute an execution.

History:

(9739) RL s 4573; 1985 c 265 art 9 s 1

History: History: (9739) RL s 4573; 1985 c 265 art 9 s 1

Practical Notes

Habeas corpus is one of the most important legal protections against unlawful imprisonment. If you believe you are being held illegally, you can petition the court to review your detention. The key exception is that you generally cannot use habeas corpus to challenge a final criminal conviction or civil judgment — other remedies like appeal or postconviction relief apply instead.

Source: Minnesota Office of the Revisor of Statutes