§ 1 Persons entitled to writ; exceptions
§ 2 By whom issued
§ 3 Petition for writ; contents; annexed papers
§ 4 Issuance of writ; return
§ 5 Form of writ
§ 6 Signature of magistrate or clerk; service
§ 7 Designation of custodian of prisoner
§ 8 Designation of prisoner
§ 9 Expense of transporting prisoner; advance payment
§ 10 Return of writ
§ 11 Contents of return
§ 12 Production of prisoner
§ 13 Illness preventing production of prisoner
§ 14 Return before justice of court
§ 15 Causes of imprisonment; examination
§ 16 Notice to persons interested in continuing imprisonment
§ 17 Notice; prisoners held for crimes
§ 18 Custody of prisoner pending examination
§ 19 Bail
§ 20 Prisoners committed in civil actions for want of bail; bail
§ 21 Prisoners committed on criminal charges; bail
§ 22 Remanding prisoner
§ 23 Discharging prisoner
§ 24 Imprisonment after discharge
§ 25 Scope of chapter
§ 26 Refusal of officer to deliver copy of warrant; penalty
§ 27 Refusal to obey writ; attachment
§ 28 Attachment; executing officers
§ 29 Refusal to obey writ; precept commanding production of prisoner
§ 30 Refusal to obey writ; penalty
§ 31 Resistance or disobedience of writ; attachment
§ 32 Removing or concealing prisoner; penalty
§ 33 Recovery of penalties; effect on actions by aggrieved parties
§ 34 Persons in custody of United States marshal
§ 35 Personal liberty; how secured
§ 36 Petition to obtain personal liberty
§ 37 Notice to custodians, etc.
§ 38 Examination of witnesses
§ 39 Conducting examinations; assistance from district attorneys
§ 40 Payment of fees
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Terms Used In Massachusetts General Laws > Chapter 248 - Habeas Corpus and Personal Liberty

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.