Vermont Statutes Title 12 Sec. 3972
Terms Used In Vermont Statutes Title 12 Sec. 3972
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
§ 3972. Discharge; decision and record
When legal cause is not shown for the imprisonment or restraint, such court or magistrate shall discharge the person therefrom. The petition for a writ of habeas corpus heard by a court or magistrate, together with the decision thereon in writing, shall be returned for record to the office of the county clerk of the county in which the person is alleged to be restrained or confined, or, if restrained upon process issuing from a court, into the clerk’s office in the county where such court is held. Such proceedings shall be docketed and properly indexed, and the same, together with the decision thereon, recorded in the same manner as other judgments of such court.