If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases:
(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;
(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the person is entitled to be discharged;
(3) if the process is defective in some matter of substance required by law, rendering it void;
(4) if the process, though in proper form, has been issued in a case not allowed by law;
(5) if the person having the custody of the petitioner under the process is not the person empowered by law to detain the petitioner; or
(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.
(9753) RL s 4587; 1985 c 265 art 9 s 1
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.