(a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person in whose custody the prisoner is detained, returnable forthwith before such court or judge.
(b) The writ may be served by anyone who will do the service.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 6901. Jurisdiction to grant writs.
§ 6902. Persons entitled to writs; exceptions.
§ 6903. Person committed for contempt; notice of hearing.
§ 6904. Custody of minor child.
§ 6906. Award and service of writ.
§ 6907. Method of service; return.
§ 6909. Discharge generally; defects in commitment.
§ 6912. Reduction of excessive bail.
§ 6914. Delivering copy of warrant or process; penalty.
§ 6915. Returning writ and producing body; violations and penalties; compelling production.
§ 6916. Evasion of writ; penalty.
§ 6917. Rearrest of discharged person for same offense; exceptions.