§53-4A-3. Refusal of Writ; Granting of Writ; Direction of Writ; How Writ Made Returnable; Duties of Clerk, Attorney General and Prosecuting Attorney
(a) If the petition, affidavits, exhibits, records and other documentary evidence attached thereto, or the record in the proceedings which resulted in the conviction and sentence, or the record or records in a proceeding or proceedings on a prior petition or petitions filed under the provisions of this article, or the record or records in […]
§53-4A-4. Inability to Pay Costs, etc.; Appointment of Counsel; Obtaining Copies of Record or Records in Criminal Proceedings or in a Previous Proceeding or Proceedings to Secure Relief; Payment of All Costs and Expenses; Adjudging of Costs
(a) A petition filed under the provisions of this article may allege facts to show that the petitioner is unable to pay the costs of the proceeding or to employ counsel, may request permission to proceed in forma pauperis and may request the appointment of counsel. If the court to which the writ is returnable […]
§53-4A-5. Service of Writ
Any writ granted in accordance with the provisions of this article shall be served upon the person to whom it is directed, or, in his absence from the place where the petitioner is incarcerated, upon the person having the immediate custody of the petitioner.
§53-4-3. Bond May Be Required of Petitioner
The court or judge granting the writ may previously require bond with security in a reasonable penalty, payable to the person to whom the writ is directed, with condition that the petitioner will not escape by the way, and for the payment of such costs and charges as may be awarded against him It shall […]
§53-4-4. Service of Writ
The writ shall be served on the person to whom it is directed, or, in his absence from the place where the petitioner is confined, on the person having the immediate custody of him
§53-4-5. Penalty for Disobeying Writ
If any person on whom such writ is served shall, in disobedience to such writ, fail to bring the body of the petitioner, with a return of the cause of his detention, before the court or judge before whom the writ is returnable, for three days after such service, he shall forfeit to the petitioner […]
§53-4-6. When Affidavits May Be Read as Evidence
At the direction of the court or judge, the affidavits of witnesses taken by either party, on reasonable notice to the other, may be read as evidence.
§53-4-7. Judgment
The court or judge before whom the petitioner is brought, after hearing the matter both upon the return and any other evidence, shall either discharge or remand him or admit him to bail, as may be proper, and adjudge the costs of the proceedings, including the charge for transporting the prisoner, to be paid as […]
§53-4-8. Facts Proved May Be Made Part of Record
All the material facts proved shall, when it is required by either party, be made a part of the proceedings, which, when they are had in vacation, shall be signed by the judge and certified to the clerk of the court in which the judgment is rendered, and be entered by him among the records […]
§53-4-9. Powers of Judge in Vacation
The judge issuing any such writ in vacation, or the judge before whom it is tried, shall have the same power to enforce obedience to the writ, to compel the attendance of witnesses, or to punish contempt of his authority, as a court has; and his judgment on the trial of the writ, when entered […]