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Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally. - Any person who is imprisoned or restrained of his liberty...
Section 15-21-2 - Persons Entitled to Prosecute Writ - Persons Confined for Failure to Enter Into Undertaking to Keep the Peace. - Any person confined in jail for failing to enter into...
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane. - Any person confined as insane may prosecute a writ of...
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition. - Application for a writ of habeas corpus must be made...
Section 15-21-5 - Description of Party if Name Uncertain or Unknown. - If the name of the person on whose behalf an...
Section 15-21-6 - To Whom Petition Addressed. - (a) When the person is confined in a county jail...
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...
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable. - (a) The judge to whom the application for a writ...
Section 15-21-9 - Form of Writ. - A writ of habeas corpus may be, in substance, as...
Section 15-21-10 - Writ Not to Be Disobeyed for Want of Form or Misdescription; Writ Presumed Addressed to Recipient. - A writ of habeas corpus must not be disobeyed on...
Section 15-21-12 - Notice to Any Other Person Having Interest Required. - If it appears from the petition for a writ of...
Section 15-21-13 - Notice to District Attorney, Prosecutor or Arrestor Required When Criminal Charge; Bail Without Notice. - If it appears from the petition for a writ of...
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable. - (a) At the time of issuing a writ of habeas...
Section 15-21-15 - Subpoenas for Witnesses. - (a) On the application of either party, subpoenas for witnesses...
Section 15-21-16 - Service of Writ. - A writ of habeas corpus must be served by the...
Section 15-21-17 - When Return to Be Made; Form and Contents of Return. - (a) After due service thereof, the person to whom a...
Section 15-21-18 - Person and Original Detaining Warrant, Writ, etc., to Be Produced With Return; Exception. - At the time of making the return, one must also...
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity. - When the party on whose behalf a writ of habeas...
Section 15-21-20 - Contesting of Return; Examination Into Imprisonment or Detention; Disposition of Detainee on Adjournment of Examination; Forfeiture of Bail. - (a) The party on whose behalf a writ of habeas...
Section 15-21-21 - When Party to Be Discharged or Remanded. - Upon a hearing on a writ of habeas corpus, if...
Section 15-21-22 - Admission to Bail if Charged With Bailable Offense; Procedure When Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail. - (a) Upon a hearing on a writ of habeas corpus,...
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into. - On the return of a writ of habeas corpus, no...
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued. - If it appears that the party is in custody by...
Section 15-21-25 - Remand or Commitment to Custody or Restraint for Public Offense When Commitment Irregular. - In habeas corpus proceedings, if it appears that the party...
Section 15-21-26 - Reimprisonment for Same Cause After Discharge. - When a person has once been discharged on habeas corpus,...
Section 15-21-27 - Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages. - Any officer or other person who has the custody of...
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc. - Any officer who refuses or neglects to deliver a true...
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt. - (a) It is the duty of the officer before whom...
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...
Section 15-21-32 - Proceedings Against Defaulting Witnesses. - If any witness duly subpoenaed under the provisions of this...
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses. - (a) In habeas corpus proceedings, witnesses may prove their attendance...
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner. - (a) When the person on whose behalf a writ of...