Section 15-21-3 Persons entitled to prosecute writ – Persons confined as insane. Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that […]
Section 15-21-30 Attachment to compel obedience and punish for contempt. (a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him by process of attachment, as […]
Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of writ. Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before or after the issue of such writ with intent to elude the service or […]
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the […]
Section 15-21-33 Taxation and collection of fees and costs of witnesses. (a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge. (b) In […]
Section 15-21-34 Summoning and compensation of guards to convey prisoner. (a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before […]
Section 15-21-4 Application to be made by petition; contents of petition. Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect […]
Section 15-21-5 Description of party if name uncertain or unknown. If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way that is sufficient […]
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge. (b) When the person […]
Section 15-21-7 When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge. (a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, […]
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled […]
Section 15-21-9 Form of writ. A writ of habeas corpus may be, in substance, as follows: The State of Alabama,) _________ County.) To the sheriff of _______ County (or other person by whom the party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged to be detained by […]
