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Title 12 — Court Procedure · Chapter 143
35 entries
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§ 3951. Unlawful restraint A person shall not be restrained or imprisoned unless by authority of law…
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§ 3952. Prisoners entitled to writ of habeas corpus A person imprisoned in a common jail, or the lib…
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§ 3953. Authority to grant writ; complaint Such writ may be granted by a Superior judge, or by Super…
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§ 3954. Copy of process annexed to complaint When the imprisonment or restraint is by virtue of a wa…
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§ 3955. Complaint to be sworn to The facts set forth in the complaint shall be verified by the oath …
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§ 3956. Issue and return of writ Without delay, such court or magistrate shall award and issue a wri…
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§ 3957. Signing of writ When the writ is issued by the Superior Court, it shall be signed by the cle…
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§ 3958. Return after court adjourns; procedure When the court to which the writ is returnable adjour…
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§ 3959. Designation of person to be served The person having the custody of the prisoner may be desi…
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§ 3960. Designation of prisoner The prisoner to be produced shall be designated by his or her name, …
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§ 3961. Pay for transporting prisoner When the prisoner is confined in a common jail, or in the cust…
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§ 3962. When a person to be served is not an officer In cases of imprisonment by a person not an off…
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§ 3963. Receipt and return of writ; notice to State’s Attorney or Attorney General A person to whom …
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§ 3964. Return of statement as to custody and authority In cases other than those provided for in se…
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§ 3965. Return to be signed and sworn to; exception The return or statement shall be signed by the p…
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§ 3966. Prisoner brought unless sick The person who makes the return or statement, at the same time,…
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§ 3967. Examination in case of sick prisoner When the prisoner cannot be brought to the place appoin…
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§ 3968. Examination; time; adjournment When the writ is returned, such court or magistrate, without …
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§ 3969. Notice of examination When it appears that the prisoner is detained on a process under which…
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§ 3970. Prisoner charged with crime, notice to State’s Attorney When it appears that the prisoner is…
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§ 3971. Pleading; hearing The prisoner may deny any of the facts set forth in the return or statemen…
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§ 3972. Discharge; decision and record When legal cause is not shown for the imprisonment or restrai…
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§ 3973. Bail When the prisoner is detained for a bailable cause or offense, such court or magistrate…
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§ 3974. Remand of prisoner When the prisoner is lawfully imprisoned or restrained or is not entitled…
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§ 3975. Custody pending judgment Until the judgment is given, such court or magistrate may remand th…
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§ 3976. Refusal to receive or obey and execute writ—Contempt proceedings When a person to whom a wri…
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§ 3977. Precept to another officer or person Upon such refusal or neglect, such court or magistrate …
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§ 3978. Penalty for not executing writ A person neglecting or refusing to receive and execute a writ…
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§ 3979. Confinement for contempt—Issuance and return of writ When a person disobeys the order, decre…
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§ 3980. Discharge of person confined for contempt When it appears on the hearing upon such writ that…
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§ 3981. Bond The Supreme Court may order the person bringing such writ to file a bond with the Clerk…
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§ 3982. Penalty for attempting to elude service Whether a writ has been issued or not, a person who …
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§ 3983. Recovery of penalty not bar to further suit The recovery of a penalty imposed by this chapte…
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§ 3984. Imprisonment for same cause after discharge A person who has been discharged upon habeas cor…
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§ 3985. Habeas corpus to bring respondent or witness into court Nothing in this chapter shall preven…