§ 13-4127 – Compelling obedience to writ
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
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
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
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
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
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
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
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
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
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 […]