Legal Definition and Related Resources of Habeas corpus ad testificandum
Meaning of Habeas corpus ad testificandum
(Lat.) A writ which lies to bring up a prisoner detained in any jail or prison, to give evidence before any court of competent jurisdiction. Tidd, Prac. 739; 3 Bl. Comm. 130; 2 Sellon, Prac. 261. The allowance of this writ resting in the discretion of the court, it will be refused if the application appear to be in bad faith, or a mere contrivance. 3 Burrows, 1440. It was refused to bring up a prisoner of war (2 Doug. 419) , or a prisoner in custody for high treason (Peake, Add. Cas. 21). It would of course be refused where it appeared from the application that the prisoner was under sentence for crime which rendered him incompetent as a witness. The application for the writ is made upon affidavit, stating the nature of the suit and the materiality of the testimony, together with the general circumstances of restraint which render the writ necessary. Cowp. 672 ; Fost. Crim. Law, 396; 2 Cow. & H. notes to Phil. Ev. 668.
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This definition of Habeas Corpus Ad Testificandum Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Habeas corpus ad testificandum in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
That you have the person for testifying. Removes a person from a place of detention that he may give testimony before a court.
Note: This legal definition of Habeas corpus ad testificandum in the Dictionary of Law (English and American Jurisprudence) is from 1893.
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