Sec. 5. The return must be signed and verified by the person making it, who shall state the following:
(1) The authority or cause of the restraint of the applicant in the custody of the person to whom the writ is directed.
(2) If the authority is in writing, the person to whom the writ is directed shall return a copy and produce the original at the hearing.
(3) If the person to whom the writ is directed has had the applicant in custody or under restraint, and has transferred the applicant to another, the person to whom the writ is directed shall state to whom, the time, place, and cause of the applicant’s transfer.
The person to whom the writ is directed shall produce the applicant at the hearing unless prevented by sickness or infirmity, which must be shown in the return.
[Pre-1998 Recodification Citation: 34-1-57-10.]
As added by P.L.1-1998, SEC.21.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25.5. Special Proceedings: Habeas Corpus
Chapter 3. Service and Return of Writ
34-25.5-3-1. Delivery of Writ to Sheriff
34-25.5-3-2. Writs Directed to Any Other Person; Delivery and Service by Sheriff
34-25.5-3-3. Service of Writ by Leaving at Residence or Affixing in Conspicuous Place
34-25.5-3-4. Return of Writ Required
34-25.5-3-5. Return of Writ; Requisites
34-25.5-3-6. Issuance of Writ or Process by Clerk of Court; Time for Service and Return