North Carolina Statutes

Chapter 17 Habeas Corpus

Article 1 - Constitutional Provisions.

Article 2 - Application.

  • § 17-3   Who may prosecute writ
    Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in...
  • § 17-4   When application denied
    Application to prosecute the writ shall be denied in the following cases: (1) Where the persons are committed or detained by virtue of process issued...
  • § 17-5   By whom application is made
    Application for the writ may be made either by the party for whose relief it is intended or by any person in his behalf. (1868‑...
  • § 17-6   To judge of appellate division or superior court in writing
    Application for the writ shall be made in writing, signed by the applicant (1) To any one of the justices or judges of the appellate...
  • § 17-7   Contents of application
    The application must state, in substance, as follows: (1) That the party, in whose behalf the writ is applied for, is imprisoned or restrained of...
  • § 17-8   Issuance of writ without application
    When the appellate division or superior court division, or any judge of either division, has evidence from any judicial proceeding before such court or judge...

Article 3 - Writ.

  • § 17-9   Writ granted without delay
    Any court or judge empowered to grant the writ, to whom such applications may be presented, shall grant the writ without delay, unless it appear...
  • § 17-10   Penalty for refusal to grant
    If any judge authorized by this Chapter to grant writs of habeas corpus refuses to grant such writ when legally applied for, every such judge...
  • § 17-11   Sufficiency of writ; defects of form immaterial
    No writ of habeas corpus shall be disobeyed on account of any defect of form. It shall be sufficient (1) If the person having the...
  • § 17-12   Service of writ
    The writ of habeas corpus may be served by any qualified elector of this State thereto authorized by the court or judge allowing the same....

Article 4 - Return.

  • § 17-13   When writ returnable
    Writs of habeas corpus may be made returnable at a certain time, or forthwith, as the case may require. If the writ be returnable at...
  • § 17-14   Contents of return; verification
    The person or officer on whom the writ is served must make a return thereto in writing, and, except where such person is a sworn...
  • § 17-15   Production of body if required
    If the writ requires it, the officer or person on whom the same has been served shall also produce the body of the party in...

Article 5 - Enforcement of Writ.

Article 6 - Proceedings and Judgment.

  • § 17-29   Notice to interested parties
    When it appears from the return to the writ that the party named therein is in custody on any process, or by reason of any...
  • § 17-30   Notice to district attorney
    When it appears from the return that such party is detained upon any criminal accusation, the court or judge may, if he thinks proper, make...
  • § 17-31   Subpoenas to witnesses
    Any party to a proceeding on a writ of habeas corpus may procure the attendance of witnesses at the hearing, by subpoena, to be issued...
  • § 17-32   Proceedings on return; facts examined; summary hearing of issues
    The court or judge before whom the party is brought on a writ of habeas corpus shall, immediately after the return thereof, examine into the...
  • § 17-33   When party discharged
    If no legal cause is shown for such imprisonment or restraint, or for the continuance thereof, the court or judge shall discharge the party from...
  • § 17-34   When party remanded
    It is the duty of the court or judge forthwith to remand the party, if it appears that he is detained in custody, either (1)...
  • § 17-35   When the party bailed or remanded
    If it appears that the party has been legally committed for any criminal offense, or if it appears by the testimony offered with the return...
  • § 17-36   Party held in execution not to be discharged
    When a writ of habeas corpus cum causa issues and the sheriff or other officer to whom it is directed returns upon the same that...
  • § 17-37   When party ill, cause determined in his absence
    When, from the illness or infirmity of the person directed to be produced by a writ of habeas corpus, such person cannot, without danger, be...
  • § 17-38   No second committal after discharge; penalty
    No person who has been set at large upon any writ of habeas corpus shall be again imprisoned or detained for the same cause by...

Article 7 - Habeas Corpus for Custody of Children in Certain Cases.

Article 8 - Habeas Corpus Ad Testificandum.

  • § 17-41   Authority to issue the writ
    Every court of record has power, upon the application of any party to any suit or proceeding, civil or criminal, pending in such court, to...
  • § 17-42   Contents of application
    The application for the writ shall be made by the party to the suit or proceeding in which the writ is required, or by his...
  • § 17-43   Service of writ
    The writ of habeas corpus to testify shall be served by the same person, and in like manner in all respects, and enforced by the...
  • § 17-44   Applicant to pay expenses and give bond to return
    The service of the writ shall not be complete, however, unless the applicant for the same tenders to the person in whose custody the prisoner...
  • § 17-45   Duty of officer to whom writ delivered or on whom served
    It is the duty of the officer to whom the writ is delivered or upon whom it is served, whether such writ is directed to...
  • § 17-46   Prisoner to be remanded
    After having testified, the prisoner shall be remanded to the prison from which he was taken. (1868‑9, c. 116, s. 43; Code, s. 1669; Rev.,...