habeas corpus ad subjiciendum

Habeas corpus ad subjiciendum is Latin for “that you have the body to submit to.” Commonly called the “Great Writ,” habeas corpus ad subjiciendum is the specific class of the habeas corpus judicial order used to direct a person or authority holding someone in custody to bring that individual before a court in order to determine whether the detention is lawful. The writ is intended to be a fundamental safeguard against unlawful imprisonment. In one of its earliest decisions, Ex parte Bollman and Ex parte Swartwout, 8 U.S. 75 (1807), the U.S. Supreme Court recognized its authority to issue the writ of habeas corpus ad subjiciendum as part of its original jurisdiction under Article III of the Constitution and the Judiciary Act of 1789.

[Last reviewed in October of 2025 by the Wex Definitions Team]

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