In criminal cases, if the petitioner is confined in a county jail or other local correctional facility, notice of the time and place at which the writ is returnable must be given to the county attorney of the county from which the petitioner was committed, if the county attorney is within the petitioner's county. If the petitioner is confined in a state correctional facility, the notice of the time and place at which the writ is returnable must be given to the attorney general, and the attorney general shall appear for the person named as respondent in the writ. In other cases, notice of the time and place at which the writ is returnable must be given to any person interested in continuing the custody or restraint of the petitioner.
(9756) RL s 4590; 1915 c 227 s 1; 1973 c 123 art 5 s 7; 1979 c 102 s 13; 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.