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Article 1. Prohibition and Mandamus
§53-1-1. When Writ of Prohibition Lies as Matter of Right - The writ of prohibition shall lie as a matter of...
§53-1-2. Jurisdiction of Writs of Mandamus and Prohibition; by Whom Rule to Show Cause or Peremptory Writ Issued - Jurisdiction of writs of mandamus and prohibition (except cases whereof...
§53-1-3. Application for Mandamus or Prohibition - Application for a writ of mandamus or a writ of...
§53-1-4. Contents of Petition - The petition shall state plainly and concisely the grounds of...
§53-1-5. When Rule to Show Cause Issued; Copy of Petition to Accompany Service of Rule; When Rule Returnable - The court or judge to whom the petition in mandamus...
§53-1-6. How Defense Made; Reply; Amendments - If the defendant appear and make defense, such defense may...
§53-1-7. Adjournment - When the case is before the judge of a circuit...
§53-1-8. Award or Denial of Writ; Costs - The writ peremptory shall be awarded or denied according to...
§53-1-9. Suspension of Proceedings Where Prohibition Applied For - On petition for a writ of prohibition, the circuit court,...
§53-1-10. Certification of Proceedings in Vacation; Entry in Order Book - When the proceedings on the petition are had before the...
§53-1-11. Service of Writ; How Obedience to Writ Enforced - Service of a copy of the order awarding the writ...
§53-1-12. Distribution of Levy Under Mandamus to Satisfy Judgment Against a Political Subdivision - Wherever a writ of mandamus, issued to enforce the laying...
Article 2. Quo Warranto
§53-2-1. In What Cases Quo Warranto Awarded - A writ of quo warranto may be awarded and prosecuted...
§53-2-2. Application for Writ - Whenever the Attorney General or prosecuting attorney of any county...
§53-2-3. Award of Writ; Signing and Attestation; Bond - If, in the opinion of the court, or the judge...
§53-2-4. Information in the Nature of Writ of Quo Warranto - In any case in which a writ of quo warranto...
§53-2-5. Service of Writ or Summons - Every such writ or summons shall be served as provided...
§53-2-6. Judgment When Defendant Fails to Appear; Defendant May Have Judgment Set Aside and Make Defenses Where Service by Publication; Pleading Where Defendant Appears - If the defendant named in such writ or information fail...
§53-2-7. Verdict; Judgment; Costs; Attorney's Fee - If upon the trial of such writ or information the...
§53-2-8. Receivership for Property of Dissolved Corporation - If, by the judgment of the court rendered as aforesaid,...
Article 3. Certiorari
§53-3-1. Jurisdiction - Jurisdiction of writs of certiorari (except such as may be...
§53-3-2. When Certiorari Lies - In every case, matter or proceeding, in which a certiorari...
§53-3-3. Contents of Record; Removal of Record to Circuit Court; Review - In every case, matter or proceeding before a county court,...
§53-3-4. Award of Certiorari in Vacation; Habeas Corpus in Aid Thereof - Such writs may be awarded by the judge of such...
§53-3-5. Stay of Proceedings on Judgment or Order Removed by Certiorari -- Bond - A writ of certiorari shall not operate to suspend the...
§53-3-6. Same -- Duration - When such bond as is mentioned in the next preceding...
Article 4. Habeas Corpus
§53-4-1. When and by Whom Writ Granted - The writ of habeas corpus ad subjiciendum shall be granted...
§53-4-2. To Whom Writ Directed; Return of Writ - The writ shall be directed to the person in whose...
§53-4-3. Bond May Be Required of Petitioner - The court or judge granting the writ may previously require...
§53-4-4. Service of Writ - The writ shall be served on the person to whom...
§53-4-5. Penalty for Disobeying Writ - If any person on whom such writ is served shall,...
§53-4-6. When Affidavits May Be Read as Evidence - At the direction of the court or judge, the affidavits...
§53-4-7. Judgment - The court or judge before whom the petitioner is brought,...
§53-4-8. Facts Proved May Be Made Part of Record - All the material facts proved shall, when it is required...
§53-4-9. Powers of Judge in Vacation - The judge issuing any such writ in vacation, or the...
§53-4-10. Judgment Conclusive; Exception - Any such judgment entered of record shall be conclusive, unless...
§53-4-11. Revision of Judgment by Supreme Court of Appeals - If, during the recess of the Supreme Court of Appeals,...
§53-4-12. Disposition of Prisoner and Proceedings Pending Writ of Error - When the prisoner is remanded, the execution of the judgment...
§53-4-13. Writs of Habeas Corpus Ad Testificandum - Writs of habeas corpus ad testificandum may be granted by...
Article 4A. Post-Conviction Habeas Corpus
§53-4A-1. Right to Habeas Corpus for Post-Conviction Review; Jurisdiction; When Contention Deemed Finally Adjudicated or Waived; Effect Upon Other Remedies - (a) Any person convicted of a crime and incarcerated under...
§53-4A-2. Petition; Contents Thereof; Supreme Court May Prescribe Form of Petition, Verification and Writ; Duties of Clerk - A petition seeking a writ of habeas corpus ad subjiciendum...
§53-4A-3. Refusal of Writ; Granting of Writ; Direction of Writ; How Writ Made Returnable; Duties of Clerk, Attorney General and Prosecuting Attorney - (a) If the petition, affidavits, exhibits, records and other documentary...
§53-4A-4. Inability to Pay Costs, etc.; Appointment of Counsel; Obtaining Copies of Record or Records in Criminal Proceedings or in a Previous Proceeding or Proceedings to Secure Relief; Payment of All Costs and Expenses; Adjudging of Costs - (a) A petition filed under the provisions of this article...
§53-4A-5. Service of Writ - Any writ granted in accordance with the provisions of this...
§53-4A-6. Return; Pleadings; Amendments - Within such time as may be specified in the writ...
§53-4A-7. Denial of Relief; Hearings; Evidence; Record; Judgment - (a) If the petition, affidavits, exhibits, records and other documentary...
§53-4A-8. Powers of Judges or Judge in Vacation - A writ may be granted or refused in accordance with...
§53-4A-9. Judicial Review; Disposition of Petitioner Pending Appeal - (a) A final judgment entered under the provisions of this...
§53-4A-10. Construction; Repeal - All other pertinent provisions of this code shall be construed...
§53-4A-11. Severability - If any provision of this article or the application thereof...
Article 5. Injunctions
§53-5-1. Injunction for Protection of Property - An injunction may be awarded to enjoin the sale of...
§53-5-2. Forthcoming Bond May Be Required Where Removal of Property From State Enjoined - A court or judge awarding an injunction to restrain the...
§53-5-3. In What Courts Bill Brought - Jurisdiction of a bill for an injunction to any judgment,...
§53-5-4. General Jurisdiction of Judge to Award Injunction - Every judge of a circuit court shall have general jurisdiction...
§53-5-5. Injunction by Judge of Supreme Court of Appeals - When a circuit court, or a judge thereof, shall refuse...
§53-5-6. Injunction by Circuit Court or Judge Where Award Thereof Refused by Court of Limited Jurisdiction - When a court of limited jurisdiction authorized to grant injunctions,...
§53-5-7. To What Clerk Order for Injunction Directed - Every order awarding an injunction by a court or judge...
§53-5-8. Equity of Plaintiff to Be Shown by Affidavit or Otherwise; Notice to Adverse Party; Hearing After Injunction Awarded or Denied; Certification of Questions; Appeals - No injunction shall be awarded in vacation nor in court,...
§53-5-9. Injunction Bond - An injunction (except in the case of any personal representative,...
§53-5-10. How Surety in Forthcoming Bond May Obtain Additional Security - Any surety in such forthcoming bond, or his personal representative,...
§53-5-11. Dissolution of Injunction in Vacation - The judge of any court in which a case is...
§53-5-12. Damages on Dissolution; Liability of Sureties on Forthcoming Bond - When an injunction to stay proceedings on a judgment or...
§53-5-13. Dismissal of Bill for Injunction - Where an injunction is wholly dissolved, the bill shall be...
Article 6. Special Receivers
§53-6-1. Special Receiver -- Appointment Generally; Bond; Notice of Application for Appointment - A court of equity may, in any proper case pending...
§53-6-2. Same -- Appointment by Order of Supreme Court of Appeals or Judge Thereof in Vacation - When a circuit court, or judge thereof, shall refuse the...
§53-6-3. Same -- Accounting - Any special receiver shall render an account of the funds...
Article 7. Arrests in Civil Cases
§53-7-1. Order for Arrest -- Affidavit; Grounds for Arrest - An order for the arrest of a defendant in any...
§53-7-2. Same -- by Whom Made; Plaintiff to Give Bond - When sufficient cause shall be shown for the arrest of...
§53-7-3. Same -- Issuance; Form - Upon the delivery of the bond mentioned in the preceding...
§53-7-4. Arrest and Commitment Unless Bond Given by Defendant - Under such order, the defendant against whom it issues shall...
§53-7-5. To Whom Bond of Defendant May Be Given; Return and Filing Thereof - The defendant arrested under such order may, at any time...
§53-7-6. Discharge of Defendant or Bond - If the defendant give such bond, or be committed to...
§53-7-7. Interrogatories to Defendant in Custody; Discharge of Defendant - While a defendant is in custody, the plaintiff, without having...
§53-7-8. Conveyance or Other Disposition of Property - The officer making the arrest shall be the officer to...
Article 8. Personal Safety Orders
§53-8-1. Definitions - In this article the following words have the meanings indicated....
§53-8-2. Confidentially of Proceedings - (a) General Provisions. -- All orders, findings, pleadings, recordings, exhibits,...
§53-8-3. Who May File; Exclusivity; Applicability of Article - (a) Who may file a petition. -- A petition for...
§53-8-4. Petition Seeking Relief - (a) Underlying acts. – A petitioner may seek relief under...
§53-8-5. Temporary Personal Safety Orders - (a) Authorized; forms of relief available. -- (1) If after...
§53-8-6. Respondent's Opportunity to Be Heard; Notice to Respondent - (a) Respondent's opportunity to be heard. -- A respondent shall...
§53-8-7. Personal Safety Hearing; Forms of Relief - (a) Final personal safety order hearing. -- Proceeding; issuance of...
§53-8-8. Modification and Rescission - (a) A personal safety order may be modified or rescinded...
§53-8-9. Appeals - (a) If a magistrate grants or denies relief under a...
§53-8-10. Statement Concerning Violations - A temporary personal safety order and final personal safety order...
§53-8-11. Penalties - (a) Fines or incarceration. -- An individual who fails to...
§53-8-12. Priority of Petitions - Any petition filed in magistrate court under the provisions of...
§53-8-13. Fees and Costs - (a) Charges for fees and costs postponed. -- No fees...
§53-8-14. Service by Law Enforcement - Notwithstanding any other provision of this code to the contrary,...
§53-8-15. Rules and Forms - (a) Authorized. -- The Supreme Court of Appeals may adopt...
§53-8-16. Limitation on Use of Information - Nothing in this article authorizes the inclusion of information contained...
§53-8-17. Sealing of Records - (a) Definitions. -- (1) In this section the following words...