The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c):
(a) The return shall state whether the detaining authority is detaining or has at any time in the past detained the petitioner. If the petitioner was detained before or after the writ was issued, the detaining authority shall indicate the date and time of detention.
(b) If the petitioner is being detained, the detaining authority shall state the reason for detention and authority under which the person is being detained.
(c) If the detaining authority has detained the petitioner at any time before or after the date of the writ, but has transferred custody to another, the return must state particularly to whom, at what time, for what cause, and by what authority, the transfer took place.
If the petitioner is detained under writ, warrant, or other written authority, a copy of the document authorizing detention must be attached to the return. On the return of the writ to the judge before whom the writ is returnable, a copy of the original document authorizing detention must be produced and exhibited.
The person making the return must sign it and except where the person is a sworn public officer, and makes the return in an official capacity, verify it by oath.
(9746) RL s 4580; 1985 c 265 art 9 s 1; 1986 c 444
Structure Minnesota Statutes
Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief
Section 589.01 — Writ Of Habeas Corpus; Who May Apply.
Section 589.011 — Definitions.
Section 589.02 — Petition; To Whom And How Made.
Section 589.03 — Application For Writ In Another County; Proof Required.
Section 589.04 — Statements In Petition.
Section 589.05 — Form Of Writ; Requirements.
Section 589.06 — Contents Of Writ; When Sufficient.
Section 589.07 — Refusal To Grant; Penalty.
Section 589.08 — Return To Writ; Content Requirements.
Section 589.09 — Producing Person Required Except When Sick.
Section 589.10 — Enforcing The Writ.
Section 589.11 — Petitioner Held In Custody By Sheriff.
Section 589.12 — Proceedings On Return Of Writ.
Section 589.13 — Discharging Petitioner.
Section 589.14 — Sending Petitioner Back To Custody.
Section 589.15 — Discharging Petitioner Held Under Civil Process.
Section 589.16 — When Bail Or Remand Or Discharge Allowed.
Section 589.17 — Requiring Petitioner To Be Held In Custody Until Judgment.
Section 589.18 — Notice Must Be Given To County Attorney Or Attorney General.
Section 589.19 — Denial Of Return; New Matter.
Section 589.20 — Proceedings In Case Of Sickness Of Petitioner.
Section 589.21 — Enforcing Order Of Discharge.
Section 589.22 — Conditions Under Which Discharged Petitioner May Be Incarcerated.
Section 589.23 — Transferring Or Concealing Person; Forfeiture.
Section 589.24 — Refusing To Furnish Copy Of Document Authorizing Detention.
Section 589.25 — Person Serving Writ; Bond.
Section 589.26 — Manner Of Service Of Writ.
Section 589.27 — When Return To Writ Must Be Made.
Section 589.28 — Power Of Court Not Restrained.
Section 589.30 — Hearing On Appeal; Costs; Papers.
Section 589.35 — Release Of Institutionalized Persons For Judicial Purposes.