Section 589.24 — Refusing To Furnish Copy Of Document Authorizing Detention.
589.24 REFUSING TO FURNISH COPY OF DOCUMENT AUTHORIZING DETENTION. An officer or another who detains a person and refuses to deliver a copy of an order, warrant, process, or other authority by which the person is detained to any one who requests the copy and who offers to pay the reproduction costs, shall forfeit $200 […]
Section 589.25 — Person Serving Writ; Bond.
589.25 PERSON SERVING WRIT; BOND. The writ can be served only by a legal voter of the state. The judge granting it may require a bond to the state in a sum not more than $1,000, conditioned for the payment of all costs and expenses of the proceeding, and the reasonable charges of restoring the […]
Section 589.26 — Manner Of Service Of Writ.
589.26 MANNER OF SERVICE OF WRIT. The writ of habeas corpus may be served by delivering it to the person to whom it is directed, or, if that person cannot be found, by leaving it at the jail or other place in which the petitioner is confined, with any correctional officer or other person of […]
Section 589.27 — When Return To Writ Must Be Made.
589.27 WHEN RETURN TO WRIT MUST BE MADE. If the writ is returnable on a certain day, the person to whom the writ is directed shall make the return and produce the petitioner at the time and place specified in the writ. If the writ is returnable immediately, and the place of return is within […]
Section 589.12 — Proceedings On Return Of Writ.
589.12 PROCEEDINGS ON RETURN OF WRIT. Immediately after the return of the writ, the judge before whom the petitioner is brought shall examine the facts set forth in the return, the cause of the imprisonment or restraint, and whether the cause was upon commitment for a criminal charge or not. History: (9750) RL s 4584; […]
Section 589.28 — Power Of Court Not Restrained.
589.28 POWER OF COURT NOT RESTRAINED. Nothing in sections 589.01 to 589.30 is to be construed to prevent a court from issuing a writ of habeas corpus necessary or proper to bring an inmate before it or an inferior court for trial, an omnibus hearing, arraignment, appearance, or to be examined as a witness in […]
Section 589.13 — Discharging Petitioner.
589.13 DISCHARGING PETITIONER. If the judge, under section 589.12, finds no legal cause to support imprisonment or restraint of the petitioner, the judge shall discharge the petitioner. History: (9751) RL s 4585; 1985 c 265 art 9 s 1
Section 589.29 — Appeals.
589.29 APPEALS. A party aggrieved by the final order in proceedings upon a writ of habeas corpus may appeal to the court of appeals as in other civil cases, except that no bond is required of the appellant. Upon filing notice of appeal with the court administrator of the district court, and payment of filing […]
Section 589.02 — Petition; To Whom And How Made.
589.02 PETITION; TO WHOM AND HOW MADE. A person may apply for a writ of habeas corpus by petition addressed to the supreme court, court of appeals, or to the district court of the county where the petitioner is detained. The petition must be signed and verified by the petitioner or some person applying on […]
Section 589.03 — Application For Writ In Another County; Proof Required.
589.03 APPLICATION FOR WRIT IN ANOTHER COUNTY; PROOF REQUIRED. When application for a writ of habeas corpus is made to a judge whose chambers are not located within the county where the prisoner is detained, that judge shall require proof, by the oath of the applicant or other evidence: (1) that there is no judge […]