§ 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, […]
§ 13-4122 – Application for writ
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 […]
§ 13-4138 – Disobedience of writ for defect of form
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.
§ 13-4123 – 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 […]