§ 13-4141 – Execution of warrant; return and hearing
13-4141. Execution of warrant; return and hearing A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant. B. The person alleged to have such party under illegal confinement or restraint […]
§ 13-4142 – Issuance, service and return of writ or process; time; manner; duty of clerk
13-4142. Issuance, service and return of writ or process; time; manner; duty of clerk A. Any writ or process authorized by this article may be issued and served on any day or at any time. B. The writs, processes, warrants and subpoenas shall be issued by the clerk of the court, and, except subpoenas, sealed […]
§ 13-4143 – Charging fee in habeas corpus prohibited
13-4143. Charging fee in habeas corpus prohibited No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus proceedings.
§ 13-4144 – Form of writ
13-4144. Form of writ The writ of habeas corpus shall be substantially in the following form: " The state of Arizona – – To the sheriff of the county of ……. (or to ‘A. B.’): We command you that you have the body of C.D., by you imprisoned and detained, as it is said, together […]
§ 13-4145 – Disobedience of command of writ; classification
13-4145. Disobedience of command of writ; classification An officer or person to whom a writ of habeas corpus is directed, who, after service thereof, neglects or refuses to obey the command thereof, or who, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the […]
§ 13-4147 – Avoidance of command of writ; classification
13-4147. Avoidance of command of writ; classification A person having in his custody, or under his restraint or power, any person for whom a writ of habeas corpus has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, […]
§ 13-4123 – Granting of writ; remand of prisoner
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 […]
§ 13-4139 – Finality of discharge; exceptions
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 […]
§ 13-4124 – Granting writ; time; bail
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 […]
§ 13-4140 – Warrant for immediate production of person restrained or restraining; grounds
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 […]