Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1 - Constitutional Provisions.
§ 17-1 - Remedy without delay for restraint of liberty. - 17-1. Remedy without delay for restraint of liberty. Every person...
§ 17-2 - Habeas corpus not to be suspended. - 17-2. Habeas corpus not to be suspended. The privileges of...
Article 2 - Application.
§ 17-3 - Who may prosecute writ. - 17-3. Who may prosecute writ. Every person imprisoned or restrained...
§ 17-4 - When application denied. - 17-4. When application denied. Application to prosecute the writ shall...
§ 17-5 - By whom application is made. - 17-5. By whom application is made. Application for the writ...
§ 17-6 - To judge of appellate division or superior court in writing. - 17-6. To judge of appellate division or superior court in...
§ 17-7 - Contents of application. - 17-7. Contents of application. The application must state, in substance,...
§ 17-8 - Issuance of writ without application. - 17-8. Issuance of writ without application. When the appellate division...
Article 3 - Writ.
§ 17-9 - Writ granted without delay. - 17-9. Writ granted without delay. Any court or judge empowered...
§ 17-10 - Penalty for refusal to grant. - 17-10. Penalty for refusal to grant. If any judge authorized...
§ 17-11 - Sufficiency of writ; defects of form immaterial. - 17-11. Sufficiency of writ; defects of form immaterial. No writ...
§ 17-12 - Service of writ. - 17-12. Service of writ. The writ of habeas corpus may...
Article 4 - Return.
§ 17-13 - When writ returnable. - 17-13. When writ returnable. Writs of habeas corpus may be...
§ 17-14 - Contents of return; verification. - 17-14. Contents of return; verification. The person or officer on...
§ 17-15 - Production of body if required. - 17-15. Production of body if required. If the writ requires...
Article 5 - Enforcement of Writ.
§ 17-16 - Attachment for failure to obey. - 17-16. Attachment for failure to obey. If the person or...
§ 17-17 - Liability of judge refusing attachment. - 17-17. Liability of judge refusing attachment. If any judge willfully...
§ 17-18 - Attachment against sheriff to be directed to coroner; procedure. - 17-18. Attachment against sheriff to be directed to coroner; procedure....
§ 17-19 - Precept to bring up party detained. - 17-19. Precept to bring up party detained. The court or...
§ 17-20 - Liability of judge refusing precept. - 17-20. Liability of judge refusing precept. If any judge refuses...
§ 17-21 - Liability of judge conniving at insufficient return. - 17-21. Liability of judge conniving at insufficient return. If any...
§ 17-22 - Power of county to aid service. - 17-22. Power of county to aid service. In the execution...
§ 17-23 - Obedience to order of discharge compelled. - 17-23. Obedience to order of discharge compelled. Obedience to a...
§ 17-24 - No civil liability for obedience. - 17-24. No civil liability for obedience. No officer or other...
§ 17-25 - Recommittal after discharge; penalty. - 17-25. Recommittal after discharge; penalty. If any person shall knowingly...
§ 17-26 - Disobedience to writ or refusing copy of process; penalty. - 17-26. Disobedience to writ or refusing copy of process; penalty....
§ 17-27 - Penalty for false return. - 17-27. Penalty for false return. If any person shall make...
§ 17-28 - Penalty for concealing party entitled to writ. - 17-28. Penalty for concealing party entitled to writ. If anyone...
Article 6 - Proceedings and Judgment.
§ 17-29 - Notice to interested parties. - 17-29. Notice to interested parties. When it appears from the...
§ 17-30 - Notice to district attorney. - 17-30. Notice to district attorney. When it appears from the...
§ 17-31 - Subpoenas to witnesses. - 17-31. Subpoenas to witnesses. Any party to a proceeding on...
§ 17-32 - Proceedings on return; facts examined; summary hearing of issues. - 17-32. Proceedings on return; facts examined; summary hearing of issues....
§ 17-33 - When party discharged. - 17-33. When party discharged. If no legal cause is shown...
§ 17-34 - When party remanded. - 17-34. When party remanded. It is the duty of the...
§ 17-35 - When the party bailed or remanded. - 17-35. When the party bailed or remanded. If it appears...
§ 17-36 - Party held in execution not to be discharged. - 17-36. Party held in execution not to be discharged. When...
§ 17-37 - When party ill, cause determined in his absence. - 17-37. When party ill, cause determined in his absence. When,...
§ 17-38 - No second committal after discharge; penalty. - 17-38. No second committal after discharge; penalty. No person who...
Article 8 - Habeas Corpus Ad Testificandum.
§ 17-41 - Authority to issue the writ. - 17-41. Authority to issue the writ. Every court of record...
§ 17-42 - Contents of application. - 17-42. Contents of application. The application for the writ shall...
§ 17-43 - Service of writ. - 17-43. Service of writ. The writ of habeas corpus to...
§ 17-44 - Applicant to pay expenses and give bond to return. - 17-44. Applicant to pay expenses and give bond to return....
§ 17-45 - Duty of officer to whom writ delivered or on whom served. - 17-45. Duty of officer to whom writ delivered or on...
§ 17-46 - Prisoner to be remanded. - 17-46. Prisoner to be remanded. After having testified, the prisoner...