(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to be made is not more than 30 miles from the place where the party is imprisoned or detained, the return must be made within two days after service, but if more than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days after service.
(b) The return must be signed by the person making it and be verified by his oath, unless he is a sworn public officer and makes the return in his official capacity, and it must state, plainly and unequivocally whether or not he has the party in his custody or power or under his restraint and, if so, by what authority and the cause thereof, setting out the same fully, together with a copy of the writ, warrant or other written authority, if any; and, if he has had the party in his custody or power or under his restraint at any time before or after the date of the writ but has transferred such custody or restraint to another, the return must state to whom, at what time, for what cause and by what authority such transfer was made.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.
Section 15-21-5 - Description of Party if Name Uncertain or Unknown.
Section 15-21-6 - To Whom Petition Addressed.
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.
Section 15-21-9 - Form of Writ.
Section 15-21-12 - Notice to Any Other Person Having Interest Required.
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.
Section 15-21-15 - Subpoenas for Witnesses.
Section 15-21-16 - Service of Writ.
Section 15-21-17 - When Return to Be Made; Form and Contents of Return.
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.
Section 15-21-21 - When Party to Be Discharged or Remanded.
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.
Section 15-21-26 - Reimprisonment for Same Cause After Discharge.
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.
Section 15-21-32 - Proceedings Against Defaulting Witnesses.
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.