Effective - 02 Jan 1979
532.030. Application, to what court first made. — When a person applies for the benefit of this chapter, who is held in custody on a charge of crime or misdemeanor, his application, in the first instance, shall be to a judge of the circuit court for the county in which the applicant is held in custody, other than a municipal judge; and upon every application of the kind aforesaid, the applicant shall cause reasonable notice of the time and place of making the application to be given to the circuit or prosecuting attorney for the county in which the application is to be made, if at the time thereof such attorney be in the county, and upon such notice, it shall be the duty of such attorney to attend upon the hearing of such application on behalf of the state.
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(RSMo 1939 § 1658, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1494; 1919 § 1944; 1909 § 2509
Effective 1-02-79
(1975) This section superseded as to writs of habeas corpus by supreme court rule 84.22. Reiter v. Camp (A.), 518 S.W.2d 82.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 532.010 - Who may prosecute the writ.
Section 532.020 - Application, how made — petition and oath.
Section 532.030 - Application, to what court first made.
Section 532.040 - Second writ not to issue, when.
Section 532.050 - Copy of warrant to accompany petition, when.
Section 532.060 - Writ to be granted without delay, unless.
Section 532.070 - Writ shall issue without application, when.
Section 532.080 - Writ, how directed, form of.
Section 532.090 - To be under seal of court.
Section 532.100 - Custodian of prisoner, how designated.
Section 532.110 - Writ not to be disobeyed — how endorsed.
Section 532.120 - Expense of producing prisoner paid by petitioner.
Section 532.130 - Charges, when paid or tendered — bond may be required.
Section 532.140 - Service of writ.
Section 532.150 - How served when party conceals himself.
Section 532.160 - Officer to obey writ, whether directed to him or not.
Section 532.170 - Return made, when.
Section 532.180 - Return, contents.
Section 532.190 - Return, when sworn to and by whom signed.
Section 532.200 - The body to accompany the return.
Section 532.210 - Prisoner may not be returned with writ, when.
Section 532.220 - Proceedings under section 532.210.
Section 532.230 - Prisoner removed from county on writ, when.
Section 532.240 - Papers relating to commitment returned with writ.
Section 532.250 - Judge or clerk to furnish examination, when.
Section 532.260 - Judge shall appear in person, when.
Section 532.270 - Writ may issue when party about to be removed from state.
Section 532.280 - Arrest of person having prisoner in charge.
Section 532.290 - Warrant, how executed.
Section 532.300 - Proceedings on return of writ.
Section 532.310 - A day to be set for hearing the cause.
Section 532.320 - Answer to return, contents.
Section 532.330 - Return and answer may be amended.
Section 532.340 - Examination to be read when prisoner under criminal charge.
Section 532.350 - Evidence admissible on hearing — duty of judge.
Section 532.360 - Duty of court on final hearing.
Section 532.370 - Duty of court in awarding custody of children.
Section 532.380 - Prisoner discharged, when.
Section 532.390 - Who not entitled to benefit of this chapter.
Section 532.400 - Parties held under judgment erroneous as to time and place, not entitled to writ.
Section 532.410 - When remanded.
Section 532.420 - Party remanded, not to be discharged on second writ.
Section 532.430 - Prisoner held under judicial proceedings discharged, when.
Section 532.440 - Limitations on court under this chapter.
Section 532.450 - Parties under indictment not to be discharged except on bail.
Section 532.460 - When prisoner may be let to bail.
Section 532.470 - The order of discharge.
Section 532.480 - Court to fix amount of bail, when.
Section 532.490 - Judge or clerk to take recognizance, when.
Section 532.500 - Prisoner remanded, when.
Section 532.510 - When prisoner remanded or bailed, evidence to be returned.
Section 532.520 - Custody of prisoner between return and judgment.
Section 532.530 - Order of discharge, how enforced.
Section 532.540 - Officer discharging prisoner, not liable.
Section 532.550 - Person discharged cannot be again imprisoned — exceptions.
Section 532.560 - Officer refusing to obey writ, proceedings.
Section 532.570 - Officer or person to be committed.
Section 532.580 - When sheriff in contempt, coroner shall serve.
Section 532.590 - Custody of prisoner granted officer holding attachment for derelict officer.
Section 532.600 - Officer having attachment may invoke aid, when.
Section 532.630 - Penalty for refusing copy of process.
Section 532.640 - Penalty for failing to obey and make return to writ.
Section 532.650 - Penalty for concealing prisoner.
Section 532.660 - Penalty for rearresting party after discharge.
Section 532.670 - Aiding in violation of sections 532.650 and 532.660, misdemeanor.
Section 532.690 - Right of action to survive.
Section 532.700 - Recovery of penalty no bar to civil action.