§660-27 Return, hearing. The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be offered by any person interested or authorized to appear either in support of the imprisonment or restraint or against it, and thereupon to dispose of the party as law and justice may require. [L 1870, c 32, §20; RL 1925, §2750; RL 1935, §4335; RL 1945, §10376; RL 1955, §239-27; HRS §660-27]
Case Notes
Section does not afford all habeas corpus petitioners absolute right to hearing; court in exercise of discretion may deny request for evidentiary hearing. 53 H. 274, 492 P.2d 953 (1972).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
660-4 For prisoners, for trial or testimony.
660-7 Order to show cause in lieu of writ.
660-12 By supreme court; to whom returnable.
660-13 Issuance to person of unknown name.
660-14 For person of unknown name.
660-16 Person held until writ issues, when.
660-19 Signature, oath, evidence.
660-20 Body to be produced, except when.
660-21 Procedure in case of sickness, etc.
660-22 Disobeying writ or order to show cause, penalties.
660-23 Evading service, penalties.
660-25 Notice to other parties, when.
660-26 Notice to attorney general, when.
660-28 Bail, etc., before judgment.