32-22-13. When party need not be brought.
105 words·~1 min read·
/nd/title-32/chapter-32-22-habeas-corpus/32-22-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When from sickness or infirmity of the person directed to be produced such person cannot be brought before the court without danger, the person in whose power or custody such person is may state that fact in the return to the writ, verifying the same by affidavit. If the court is satisfied of the truth of such return and the return to the writ is otherwise sufficient, the court may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced.