§ 3951. Unlawful restraint
§ 3951. Unlawful restraint A person shall not be restrained or imprisoned unless by authority of law.
§ 3952. Prisoners entitled to writ of habeas corpus
§ 3952. Prisoners entitled to writ of habeas corpus A person imprisoned in a common jail, or the liberties thereof, or otherwise restrained of his or her liberty by an officer or other person, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and obtain relief therefrom […]
§ 3953. Authority to grant writ; complaint
§ 3953. Authority to grant writ; complaint Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her […]
§ 3954. Copy of process annexed to complaint
§ 3954. Copy of process annexed to complaint When the imprisonment or restraint is by virtue of a warrant or other process, a copy thereof shall be annexed to the complaint, or it shall appear that copy thereof has been demanded and refused, or that for sufficient reason a demand of such copy could not […]
§ 3955. Complaint to be sworn to
§ 3955. Complaint to be sworn to The facts set forth in the complaint shall be verified by the oath of the person making the application or by that of some credible witness. Such oath may be administered by the court or magistrate to whom the application is made, or a Superior judge. (Amended 1965, […]
§ 3956. Issue and return of writ
§ 3956. Issue and return of writ Without delay, such court or magistrate shall award and issue a writ of habeas corpus, which shall be made returnable forthwith.
§ 3957. Signing of writ
§ 3957. Signing of writ When the writ is issued by the Superior Court, it shall be signed by the clerk, otherwise by the magistrate issuing the same. (Amended 1966, No. 41 (Sp. Sess.), § 5, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3958. Return after court adjourns; procedure
§ 3958. Return after court adjourns; procedure When the court to which the writ is returnable adjourns before it is returned, the return shall be made before one of the Justices of the Supreme Court. If the writ is in any case returned before one Justice or judge when the court is in session, he […]
§ 3959. Designation of person to be served
§ 3959. Designation of person to be served The person having the custody of the prisoner may be designated by his or her official title, if he or she has any, or by his or her name. If such title or name is unknown or uncertain, he or she may be described by an assumed […]
§ 3960. Designation of prisoner
§ 3960. Designation of prisoner The prisoner to be produced shall be designated by his or her name, if known, and if that is unknown or uncertain, he or she may be otherwise described so as to make known who is intended.
§ 3961. Pay for transporting prisoner
§ 3961. Pay for transporting prisoner When the prisoner is confined in a common jail, or in the custody of a civil officer, the court or magistrate issuing the writ shall certify thereon the sum to be paid for bringing him or her from the place of imprisonment. The officer to whom the writ is […]
§ 3962. When a person to be served is not an officer
§ 3962. When a person to be served is not an officer In cases of imprisonment by a person not an officer of the State or of the courts of the United States, the writ shall be directed to a sheriff or his or her deputy, commanding him or her to take and have the […]
§ 3963. Receipt and return of writ; notice to State’s Attorney or Attorney General
§ 3963. Receipt and return of writ; notice to State’s Attorney or Attorney General A person to whom the writ is directed shall receive the same and, upon payment or tender of the charges demandable for its execution, shall make return thereof forthwith. In case a person is restrained of his or her liberty by […]
§ 3964. Return of statement as to custody and authority
§ 3964. Return of statement as to custody and authority In cases other than those provided for in section 3962 of this title, the person who makes the return shall state therein, and, in the cases provided for in such section, the person in whose custody the prisoner is found shall state, in writing, to […]
§ 3965. Return to be signed and sworn to; exception
§ 3965. Return to be signed and sworn to; exception The return or statement shall be signed by the person making it, and shall be sworn to by him or her unless he or she is a sworn public officer and makes the return in his or her official capacity.
§ 3966. Prisoner brought unless sick
§ 3966. Prisoner brought unless sick The person who makes the return or statement, at the same time, shall bring the prisoner, if in his or her custody or power or under his or her restraint, according to the command of the writ, unless prevented by the sickness or infirmity of such prisoner.
§ 3967. Examination in case of sick prisoner
§ 3967. Examination in case of sick prisoner When the prisoner cannot be brought to the place appointed for the return of the writ, without danger, because of his or her sickness or infirmity, that fact shall be stated in the return. When such fact is provided to the satisfaction of such court or magistrate, […]
§ 3968. Examination; time; adjournment
§ 3968. Examination; time; adjournment When the writ is returned, such court or magistrate, without delay, shall examine the causes of imprisonment or restraint; but the examination may be adjourned from time to time.
§ 3969. Notice of examination
§ 3969. Notice of examination When it appears that the prisoner is detained on a process under which another person has an interest in continuing his or her imprisonment or restraint, he or she shall not be discharged until sufficient notice has been given to such other person, or his or her attorney, if within […]
§ 3970. Prisoner charged with crime, notice to State’s Attorney
§ 3970. Prisoner charged with crime, notice to State’s Attorney When it appears that the prisoner is imprisoned on a criminal accusation, he or she shall not be discharged until sufficient notice is given to the State’s Attorney, whose duty it is to prosecute for such offense, to appear and object to such discharge.