nd.gov - The Official Portal for North Dakota State Government
North Dakota: Legendary. Follow the trail of legends

Chapter 32-22

Habeas Corpus
Section Section Name
32-22-01 Persons restrained may prosecute the writ
32-22-02 Who not entitled to relief
32-22-03 Application for writ ‑ Contents ‑ Verification
32-22-04 By what court application granted
32-22-05 When court must grant the writ
32-22-06 Application to supreme court for writ of habeas corpus
32-22-07 Direction of writ
32-22-08 Writ of habeas corpus ‑ Form
32-22-09 Manner of serving the writ
32-22-10 Penalty if officer refuses to execute and return writ
32-22-11 What the return must set forth
32-22-12 Party restrained must be brought into court ‑ Exception
32-22-13 When party need not be brought
32-22-14 When hearing must be had
32-22-15 Return may be controverted ‑ Proofs
32-22-16 When person restrained must be discharged
32-22-17 Causes for discharge of person restrained
32-22-18 Informal commitment from district judge
32-22-19 Procedure when person appears to be guilty
32-22-20 Habeas corpus to give bail
32-22-21 Procedure when person not entitled to discharge
32-22-22 Prisoner may be ordered to custody of proper officer
32-22-23 How person disposed of before judgment
32-22-24 When notice of hearing must be given state's attorney
32-22-25 Person taken out of county ‑ Expenses
32-22-26 Writ must not be disobeyed
32-22-27 When person discharged may be arrested again
32-22-28 How obedience to order of discharge enforced
32-22-29 Person restrained in danger of being taken out of jurisdiction ‑ Warrant
32-22-30 Execution of warrant
32-22-31 Return to warrant ‑ Procedure
32-22-32 When person must be discharged
32-22-33 When writ may be served
32-22-34 Accused liberated for want of prosecution
32-22-35 Writ not allowed to delay trial
32-22-36 Prisoners may not be removed from one prison to another ‑ Exceptions
32-22-37 Penalty if judge refuses or delays writ
32-22-38 Removing or concealing prisoner to avoid writ ‑ Penalty
32-22-39 Officer refusing prisoner copy of commitment ‑ Penalty
32-22-40 Penalty for rearresting on same charge
32-22-41 All penalties inure to use of party aggrieved
32-22-42 Recovery of penalties no bar to civil action
32-22-43 Writ may issue for witness or for surrender of principal in discharge of bail ‑ Liability of jailer ‑ Costs

Back to top