Subdivision 1.Scope.

In this chapter, the words listed in this section have the meanings or inclusions given them here.

Subd. 2.Detaining authority.

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Terms Used In Minnesota Statutes 589.011

  • 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.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

“Detaining authority” includes a state or local correctional agency or officer or employee of that agency or any other public or private agency or person that is alleged in the writ of habeas corpus to have restrained or imprisoned the petitioner.

Subd. 3.Petitioner.

“Petitioner” means a person who is imprisoned or otherwise restrained of liberty and who applies for a writ of habeas corpus to obtain release.