When application for a writ of habeas corpus is made to a judge whose chambers are not located within the county where the prisoner is detained, that judge shall require proof, by the oath of the applicant or other evidence:

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Terms Used In Minnesota Statutes 589.03

  • Chambers: A judge's office.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(1) that there is no judge in the detaining county authorized to grant the writ;

(2) that judges authorized to grant the writ are absent from the detaining county;

(3) that judges in the detaining county for reasons specified are incapable of acting; or

(4) that judges in the detaining county have refused to grant the writ.

If the proof required by this section is not produced, the application must be denied.