Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The writ of habeas corpus may be granted by the supreme court, court of appeals, court of common pleas, probate court, or by a judge of any such court.
Effective: October 6, 1994 Latest Legislation: House Bill 571 – 120th General Assembly If a person restrained of his liberty is an inmate of a state benevolent or correctional institution, the location of which is fixed by statute and at the time is in the custody of the officers of the institution, no court or […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Application for the writ of habeas corpus shall be by petition, signed and verified either by the party for whose relief it is intended, or by some person for him, and shall specify: (A) That the person in whose behalf the application […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a petition for a writ of habeas corpus is presented, if it appears that the writ ought to issue, a court or judge authorized to grant the writ must grant it forthwith.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a writ of habeas corpus is granted, the clerk of the court which granted the writ shall forthwith issue said writ under the seal of such court. In case of emergency, the judge who allowed the writ may issue it under […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The person to be produced upon a writ of habeas corpus shall be designated by his name, if known, and if his name is not known, or is uncertain, such person may be described in any other way so as to make […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In case of confinement, imprisonment, or detention of a person by an officer, a writ of habeas corpus shall be directed to him, and command him to have such person before the court or judge designated in the writ, at a time […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In case of confinement, imprisonment, or detention by a person not an officer, the writ of habeas corpus shall be in the following form: The State of Ohio,___________________County, ss.: To the sheriff of our several counties, greeting: We command you that the […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The writ of habeas corpus may be served in any county by the sheriff of that or any other county or by a person deputed by the court or judge issuing the writ.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The officer or person to whom a writ of habeas corpus is directed shall convey the person imprisoned or detained, and named in the writ, before the judge granting the writ, or, in case of his absence or disability, before some other […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a writ of habeas corpus is issued by a court in session, if the court has adjourned when the writ is returned, it shall be returned before any judge of the same court. When the writ is returned before one judge, […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The return or statement referred to in section 2725.14 of the Revised Code shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The court or judge to whom a writ of habeas corpus is returned, or the court into which it is adjourned, for good cause shown, may continue the cause, and, in that event, shall make such order for the safekeeping of the […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the judge has examined the cause of caption and detention of a person brought before him as provided in section 2725.12 of the Revised Code, and is satisfied that such person is unlawfully imprisoned or detained, he shall forthwith discharge such […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the person brought before a judge under section 2725.12 of the Revised Code is confined or detained in a legal manner on a charge of having committed a crime or offense which is bailable, the judge may recommit him or let […]
Effective: January 9, 1961 Latest Legislation: House Bill 1 – 104th General Assembly If a prisoner brougt before a judge under section 2725.12 of the Revised Code was committed by a judge, and is plainly and specifically charged in the warrant of commitment with a felony the punishment for which is capital, he shall not […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If a prisoner brought before a judge under section 2725.12 of the Revised Code is in custody under a warrant or commitment in pursuance of law, the return of the writ of habeas corpus is prima-facie evidence of the cause of detention. […]
