| | To the ...
Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient
A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom ...
Section 15-21-12 Notice to any other person having interest required
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or ...
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and ...
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable
(a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ ...
Section 15-21-15 Subpoenas for witnesses
(a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas ...
Section 15-21-16 Service of writ
A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued ...
Section 15-21-17 When return to be made; form and contents of return
(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein ...
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception
At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, ...
Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the ...
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail
(a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return ...
Section 15-21-21 When party to be discharged or remanded
Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he ...
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail
(a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which ...
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into
On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any ...
Section 15-21-24 Grounds for discharge of person in custody under process legally issued
If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in ...
Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment irregular
In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of ...
Section 15-21-26 Reimprisonment for same cause after discharge
When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, ...
Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action for damages
Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of ...
Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains ...
Section 15-21-30 Attachment to compel obedience and punish for contempt
(a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect ...
Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of writ
Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either ...
Section 15-21-32 Proceedings against defaulting witnesses
If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas ...
Section 15-21-33 Taxation and collection of fees and costs of witnesses
(a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the ...
Section 15-21-34 Summoning and compensation of guards to convey prisoner
(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or ...
|