Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases:
(1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction.
(2) Upon any process issued on a final judgment of a court of competent jurisdiction.
(3) For any contempt of any court, officer, or body with authority to commit.
(4) Upon a warrant issued from the circuit court, superior court, or probate court upon an indictment or information.
(b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party.
[Pre-1998 Recodification Citation: 34-1-57-13.]
As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.157.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25.5. Special Proceedings: Habeas Corpus
34-25.5-5-1. Limitation on Questioning Legality of Judgment or Process
34-25.5-5-2. When Persons Not to Be Discharged From Order of Commitment
34-25.5-5-3. Writ Issued to Let a Prisoner to Bail
34-25.5-5-4. Notice of Discharge to Person Having Interest in Detention of Prisoner
34-25.5-5-5. Immunity of Sheriff or Officer Obeying Writ or Order of Discharge