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Chapter 1. Persons Entitled to Writ of Habeas Corpus
34-25.5-1-1. Persons Entitled to Writ - Sec. 1. Every person whose liberty is restrained, under any...
Chapter 2. Application for Writ
34-25.5-2-1. Application for Writ; Contents - Sec. 1. (a) Application for the writ must be made...
34-25.5-2-2. Courts and Judges Authorized to Grant Writ - Sec. 2. (a) Writs of habeas corpus may be granted...
34-25.5-2-3. Criminal Court Judges Authorized to Grant Writ - Sec. 3. The judges of any courts with criminal jurisdiction...
34-25.5-2-4. Contents of Writ - Sec. 4. The writ shall be directed to the office...
Chapter 3. Service and Return of Writ
34-25.5-3-1. Delivery of Writ to Sheriff - Sec. 1. If the writ is directed to the sheriff,...
34-25.5-3-2. Writs Directed to Any Other Person; Delivery and Service by Sheriff - Sec. 2. If the writ is directed to any other...
34-25.5-3-3. Service of Writ by Leaving at Residence or Affixing in Conspicuous Place - Sec. 3. If the person to whom a writ is...
34-25.5-3-4. Return of Writ Required - Sec. 4. The sheriff or other person to whom the...
34-25.5-3-5. Return of Writ; Requisites - Sec. 5. The return must be signed and verified by...
34-25.5-3-6. Issuance of Writ or Process by Clerk of Court; Time for Service and Return - Sec. 6. (a) All writs and other process authorized under...
34-25.5-3-7. Immaterial Defects in Writ or Process - Sec. 7. A writ or other process shall not be...
34-25.5-3-8. Amendments to Writ; Temporary Commitments - Sec. 8. The court may allow amendments to a writ,...
Chapter 4. Hearings
34-25.5-4-1. Sickness or Infirmity of Applicant; Procedure - Sec. 1. The court or judge, if satisfied of the...
34-25.5-4-2. Return of Writ; Proceedings and Pleadings - Sec. 2. The applicant may: (1) except to the sufficiency...
34-25.5-4-3. Summary Hearings - Sec. 3. The court or judge shall proceed in a...
34-25.5-4-4. Powers of Court or Judge - Sec. 4. The court or judge may require and compel...
Chapter 5. Issuance of Writ
34-25.5-5-1. Limitation on Questioning Legality of Judgment or Process - Sec. 1. (a) Except as provided in subsection (b), the...
34-25.5-5-2. When Persons Not to Be Discharged From Order of Commitment - Sec. 2. (a) A person shall not be discharged from...
34-25.5-5-3. Writ Issued to Let a Prisoner to Bail - Sec. 3. The writ may be used for the purpose...
34-25.5-5-4. Notice of Discharge to Person Having Interest in Detention of Prisoner - Sec. 4. When any person has an interest in the...
34-25.5-5-5. Immunity of Sheriff or Officer Obeying Writ or Order of Discharge - Sec. 5. A sheriff or other officer shall not be...
Chapter 6. Emergency Warrant
34-25.5-6-1. Warrant for Appearance of Illegally Held Person - Sec. 1. Whenever it appears by affidavit that a person...
34-25.5-6-2. Apprehension of Persons Charged With Illegal Restraint - Sec. 2. The court or judge may also, if considered...
34-25.5-6-3. Execution of Warrant - Sec. 3. The officer shall execute the warrant by bringing...
34-25.5-6-4. Issuance and Service of Writ on Sunday; Temporary Orders; Changing Custody of Restrained Person - Sec. 4. (a) Any writ or process authorized by this...
Chapter 7. Writs in Favor of Parents, Guardians, and Spouses, and to Enforce Rights of Minors and Incapacitated Persons
34-25.5-7-1. Writ to Enforce Rights of Minors and Incapacitated Persons - Sec. 1. Writs of habeas corpus shall be granted in...