34-25.5-5-5. Immunity of Sheriff or Officer Obeying Writ or Order of Discharge
Sec. 5. A sheriff or other officer shall not be liable to a civil action for obeying a writ of habeas corpus or an order of discharge made pursuant to a writ of habeas corpus. [Pre-1998 Recodification Citation: 34-1-57-18.] As added by P.L.1-1998, SEC.21.
34-25.5-6-1. Warrant for Appearance of Illegally Held Person
Sec. 1. Whenever it appears by affidavit that a person is illegally held in custody or restraint and there is good reason to believe that the applicant: (1) will be carried out of the jurisdiction of the court or judge before whom the application is made; or (2) will suffer some irreparable injury before compliance […]
34-25.5-6-2. Apprehension of Persons Charged With Illegal Restraint
Sec. 2. The court or judge may also, if considered necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint. [Pre-1998 Recodification Citation: 34-1-57-20.] As added by P.L.1-1998, SEC.21.
34-25.5-6-3. Execution of Warrant
Sec. 3. The officer shall execute the warrant by bringing the person named in the warrant before the court or judge, and the same return and proceedings shall be required as in case of writs of habeas corpus. [Pre-1998 Recodification Citation: 34-1-57-21.] As added by P.L.1-1998, SEC.21.
34-25.5-6-4. Issuance and Service of Writ on Sunday; Temporary Orders; Changing Custody of Restrained Person
Sec. 4. (a) Any writ or process authorized by this article may be issued and served on Sunday in cases of emergency. (b) The court or judge may make any temporary orders in the cause or disposition of the party, during the progress of the proceedings, that justice may require. The custody of any party […]
34-25.5-7-1. Writ to Enforce Rights of Minors and Incapacitated Persons
Sec. 1. Writs of habeas corpus shall be granted in favor of parents, guardians, and spouses to enforce the rights and for the protection of minors and incapacitated persons whose incapacity is not caused only by a physical illness, impairment, or infirmity (as defined in IC 29-3-1-7.5). The proceedings must in all cases, conform to […]
34-25.5-2-1. Application for Writ; Contents
Sec. 1. (a) Application for the writ must be made by complaint, signed and verified either by: (1) the applicant; or (2) some person on the applicant’s behalf. (b) The complaint must specify the following: (1) Who is restraining the applicant’s liberty, the place where the applicant is being held, and the names of all […]
34-25.5-5-1. Limitation on Questioning Legality of Judgment or Process
Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases: (1) Upon process issued by any […]
34-25.5-2-2. Courts and Judges Authorized to Grant Writ
Sec. 2. (a) Writs of habeas corpus may be granted by: (1) the circuit or superior courts of the county in which the person applying for the writ may be restrained of his or her liberty, or by the judges of those courts; or (2) if the judges described in subdivision (1) are: (A) absent […]
34-25.5-5-2. When Persons Not to Be Discharged From Order of Commitment
Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer: (1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or (2) for alleged want of probable cause. (b) In cases described in subsection […]