§ 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
§ 32-22-37 Penalty if judge refuses or delays writ
§ 32-22-38 Removing or concealing prisoner to avoid writ – 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
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Terms Used In North Dakota Code > Chapter 32-22 - Habeas Corpus

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Capital offense: A crime punishable by death.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • 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.
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of the state or of a court or judicial officer. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37