1-27-101. Petition to be under oath; contents. (a) The petition for the writ of habeas corpus shall be sworn to and shall state: (i) The person for whom the writ is sought is restrained of his liberty, by whom he is restrained and the place where he is restrained, stating the names of the parties […]
1-27-102. Petition to be verified; presentation. The petition shall be sworn to by the person confined or by someone in his behalf, and presented to a court or officer authorized to allow the writ.
1-27-103. Courts and judges allowing writ; service in any part of state. The writ of habeas corpus may be allowed by the supreme or district court or by any judge of those courts. It may be served in any part of the state.
1-27-104. Petition to be made to nearest judge. Petition for a writ shall be made to the court or judge most convenient in point of distance to the applicant. A more remote court or judge may refuse the writ unless a sufficient reason is stated in the petition for not applying to the more convenient […]
1-27-105. Writ to be allowed if grounds sufficient; contents of writ. (a) The writ shall be allowed if the petition shows a sufficient ground for relief and is in accordance with the foregoing requirements. (b) The writ shall be directed to the person having custody of or who is alleged to be unlawfully restraining the […]
1-27-106. Issuance of writ. When the writ is allowed by a court, it is to be issued by the clerk, but when allowed by a judge he must issue the writ himself, subscribing his name thereto without any seal.
1-27-107. Reasons to be assigned for disallowance. If the writ is disallowed, the court or judge shall cause the reasons of the disallowance to be appended to the petition and returned to the person applying for the writ.
1-27-108. Penalty for wrongful disallowance. Any judge, acting individually or as a member of a court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars ($1,000.00).
1-27-109. Duty of court to issue writ without application in certain instances. Whenever any court or judge authorized to grant this writ has evidence from a judicial proceeding before it that any person within the jurisdiction of the court or judge is illegally imprisoned or restrained, the court or judge shall issue the writ or […]
1-27-110. Service of writ. The writ may be served by the sheriff or by any other person appointed by the issuing court or judge for that purpose. If served by any person other than the sheriff, he possesses the same power and is liable to the same penalty for a nonperformance of his duty as […]
1-27-111. Manner of service. Service shall be made by leaving the original writ with the person to whom it is directed as defendant and preserving a copy on which to make the return of service. If the defendant cannot be found, or if he does not have the plaintiff in custody, service may be made […]
1-27-112. Authorization to arrest defendant. If the defendant conceals himself or refuses admittance to the person attempting to serve the writ, or if he attempts wrongfully to carry the plaintiff out of the county or state after service of the writ, the person attempting to serve the writ may arrest the defendant and bring him […]
1-27-113. Power of sheriff making arrest. In order to make the arrest, the sheriff or other person having the writ possesses the same power as a sheriff for the arrest of a person charged with a felony.
1-27-114. Plaintiff may be taken in custody by officer; power of officer. If the plaintiff is found and no one appears to have charge or custody of him, the person having the writ may take him into custody and make return accordingly. To get possession of the plaintiff’s person in such cases, he possesses the […]
1-27-115. Order for summary production of plaintiff. The court or judge to whom the petition for the writ is made may order the sheriff or any other person to bring the plaintiff promptly before the court or judge if convinced that the plaintiff will suffer irreparable injury before he can obtain relief by the proceedings […]
1-27-116. Order for defendant’s arrest for criminal offense. When the evidence is sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal restraint of the petitioner, the order shall also order the arrest of the defendant.
1-27-117. Order for defendant’s arrest for criminal offense; service of order of arrest. The officer or person to whom the order is directed must execute it by bringing the defendant, and the plaintiff if required, before the court or judge issuing it. The defendant shall make return to the writ of habeas corpus in the […]
1-27-118. Examination, commitment or discharge of defendant. The defendant may be examined, committed, bailed or discharged according to the nature of the case.
1-27-119. Errors in writ to be disregarded. The writ of habeas corpus shall not be disobeyed for any defect of form or misdescription of the plaintiff or defendant if enough is stated to show the meaning and intent of the writ.
1-27-120. Identity of defendant presumed. Any person served with the writ is presumed to be the person to whom it is directed, although it may be directed to him by a wrong name or description.
