Section 589.04 — Statements In Petition.
589.04 STATEMENTS IN PETITION. A petition for a writ of habeas corpus must contain information set forth in paragraphs (a) to (e): (a) It must state that the person on whose behalf the writ is applied for is imprisoned or restrained of liberty, the name of the officer or person by whom the person is […]
Section 589.05 — Form Of Writ; Requirements.
589.05 FORM OF WRIT; REQUIREMENTS. A writ of habeas corpus must be under the seal of the court, and substantially in the following form: “The State of Minnesota, to the Sheriff of, etc. (or to A.B.): You are commanded to bring C.D., who is imprisoned and detained by you, by whatever name C.D. is called […]
Section 589.06 — Contents Of Writ; When Sufficient.
589.06 CONTENTS OF WRIT; WHEN SUFFICIENT. The writ may not be disobeyed because of any defect of form. A writ is sufficient if the petitioner and the person to whom the writ is directed are designated in it with reasonable certainty, by name, description, or otherwise. Either the petitioner or the person to whom the […]
Section 589.07 — Refusal To Grant; Penalty.
589.07 REFUSAL TO GRANT; PENALTY. If a judge authorized to grant writs of habeas corpus willfully refuses to grant the writ when legally applied for, the judge shall forfeit to the party aggrieved $1,000 for each offense. History: (9745) RL s 4579; 1985 c 265 art 9 s 1
Section 589.08 — Return To Writ; Content Requirements.
589.08 RETURN TO WRIT; CONTENT REQUIREMENTS. The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c): (a) The return shall state whether the detaining authority is detaining or has at any time in the past detained […]
Section 589.09 — Producing Person Required Except When Sick.
589.09 PRODUCING PERSON REQUIRED EXCEPT WHEN SICK. The person on whom the writ is served shall bring the person being detained, according to the command of the writ, to the judge named on the writ except when the detained person is sick, as provided in section 589.20. History: (9747) RL s 4581; 1985 c 265 […]
Section 589.10 — Enforcing The Writ.
589.10 ENFORCING THE WRIT. If the person upon whom the writ is served refuses or neglects to produce the person named in it and make a full return of the writ at the time and place required and does not give sufficient excuse, the judge before whom the writ is returnable, upon proof of service […]
Section 589.11 — Petitioner Held In Custody By Sheriff.
589.11 PETITIONER HELD IN CUSTODY BY SHERIFF. The judge who issues an attachment under section 589.10 may also, at the same time or afterward, issue an order to the sheriff or other person to whom the attachment was directed, commanding the bringing of the petitioner before that judge immediately. After that, the petitioner must remain […]
Section 589.01 — Writ Of Habeas Corpus; Who May Apply.
589.01 WRIT OF HABEAS CORPUS; WHO MAY APPLY. A person imprisoned or otherwise restrained of liberty, except persons committed or detained by virtue of the final judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon the judgment, may apply for a writ of habeas corpus to […]
Section 589.011 — Definitions.
589.011 DEFINITIONS. Subdivision 1. Scope. In this chapter, the words listed in this section have the meanings or inclusions given them here. Subd. 2. Detaining authority. “Detaining authority” includes a state or local correctional agency or officer or employee of that agency or any other public or private agency or person that is alleged in […]