13-4121. Prosecution of writ A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
13-4122. Application for writ Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place […]
13-4123. Granting of writ; remand of prisoner A. The writ of habeas corpus may be granted: 1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof. 2. By the superior court or […]
13-4124. Granting writ; time; bail A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that the writ ought to issue, shall grant it without delay. B. If the person by or upon whose behalf the application for the writ is made […]
13-4125. Direction of writ The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made, and shall command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified.
13-4126. Delivery and service of writ A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If the writ is directed to any other […]
13-4127. Compelling obedience to writ If the officer or person to whom the writ is directed refuses, after service thereof, to obey it, the court or judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, commanding him forthwith to apprehend the person, and bring him immediately before such court or […]
13-4128. Return to writ A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authority […]
13-4129. Production of prisoner; exception A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ. B. When from sickness or infirmity of the person directed to be produced, the person […]
13-4130. Hearing on return A. The court or judge to whom the writ is returned shall, immediately after the return thereof, hear and examine the return, and such other matters as may be properly submitted. B. The petitioner may controvert the return, or object to the sufficiency thereof, or allege any fact to show either […]
13-4131. Discharge of prisoner A. If no legal cause is shown for the imprisonment or restraint, or for continuation thereof, the party shall be discharged from custody or restraint. B. If the time during which the party may be legally detained in custody has not expired and he is detained in custody by virtue of […]
13-4132. Discharge of prisoner held on process If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section […]
13-4133. Effect of defect in form If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of a justice of the peace, such person shall not be discharged from imprisonment or custody on the ground of a mere defect of form in […]
13-4134. Defective process or commitment; re-examination If it appears to the court or judge that the party is guilty of a criminal offense, or should not be discharged, the court or judge, although the charge is defectively set forth in the process or warrant of commitment, shall cause the witnesses to be subpoenaed to attend […]
13-4135. Writ to admit to bail When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition and without alleging that he is illegally confined. […]
13-4136. Remand of prisoner A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was […]
13-4137. Custody pending judgment Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county or place him in such care, or under such custody, as his age or circumstances may require.
13-4138. Disobedience of writ for defect of form No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains the party imprisoned or restrained, the officer or person detaining him, and the court or judge before whom he is to be brought.
13-4139. Finality of discharge; exceptions A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except: 1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense […]
13-4140. Warrant for immediate production of person restrained or restraining; grounds A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason […]
