21-27-3. Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
An application for a writ of habeas corpus shall be in writing and signed by the applicant or some person on his behalf, setting forth the facts concerning his detention and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment or other documentary authority, if any, or by an affidavit that such copy has been demanded of the person in whose custody he is detained and by him refused or not given. The application shall identify any previous applications made pursuant to this chapter, together with the grounds therein asserted.
Source: CCrimP 1877, §§671, 672; CL 1887, §§7839, 7840; RCCrimP 1903, §§771, 772; RC 1919, §§4978, 4979; SDC 1939 & Supp 1960, §37.5501; SL 1983, ch 169, §3.
Structure South Dakota Codified Laws
Section 21-27-1 - Right of person detained or imprisoned to apply for writ.
Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy.
Section 21-27-3.1 - Time for application.
Section 21-27-3.3 - Two-year statute of limitation.
Section 21-27-5 - Writ awarded unless application shows no right to relief.
Section 21-27-5.1 - Second or subsequent application for writ--Leave to file--Dismissal.
Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings.
Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act.
Section 21-27-9.3 - Return to writ--Time for filing--Content.
Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony.
Section 21-27-12 - Day set for hearing of cause.
Section 21-27-14 - Hearing and disposition of cause by judge.
Section 21-27-14.1 - Judge to hear application.
Section 21-27-15 - Judgment not inquired into on writ.
Section 21-27-16 - Causes for discharge of applicant committed on judicial process.
Section 21-27-18 - Admission to bail of applicant in custody under judicial process.
Section 21-27-19 - Admission to bail on grant of writ.
Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ.
Section 21-27-22 - Bail without surety pending review of order discharging prisoner.
Section 21-27-23 - Admission to bail by Supreme Court pending review.
Section 21-27-24 - Terms of bond given on admission to bail--Surety.
Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.