§ 10-9-1 General right to writ
§ 10-9-3 Application for writ – Contents
§ 10-9-4 Issuance of writ – Forms
§ 10-9-5 Court to which writ returnable
§ 10-9-6 Return to Providence superior court when other courts not in session
§ 10-9-7 Receipt and return of writ
§ 10-9-8 Return or statement by person to whom writ directed
§ 10-9-9 Signature and oath to return or statement
§ 10-9-10 Body brought with return or statement
§ 10-9-11 Illness of person confined
§ 10-9-12 Remand, bail, or commitment pending judgment
§ 10-9-13 Failure of officer to deliver copy of process by which prisoner held
§ 10-9-14 Examination of cause of restraint – Adjournment
§ 10-9-15 Notice to party on whose process restraint based
§ 10-9-16 Notice to attorney general or complainant in criminal cases
§ 10-9-17 Denial of facts in return or statement – Hearing of evidence
§ 10-9-18 Discharge on failure to show cause for restraint
§ 10-9-19 Admission to bail
§ 10-9-20 Order as to bail when person held on civil mesne process
§ 10-9-21 Remand to custody
§ 10-9-22 Appeals and exceptions barred – Subsequent application to supreme court allowed
§ 10-9-23 Enforcement of writ by attachment as for contempt
§ 10-9-24 Attachment and commitment of a member of the division of sheriffs
§ 10-9-25 Forfeiture for failure to receive and execute writ
§ 10-9-26 Precept after disobedience of writ
§ 10-9-27 Transfer or concealment of prisoner with intent to avoid writ
§ 10-9-28 Common law remedies not barred by penalties
§ 10-9-29 Rearrest of discharged person
§ 10-9-30 Judicial powers not restrained
§ 10-9-31 Power of justices to admit to bail
§ 10-9-32 Judicial power to bring in criminal defendants and witnesses
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Terms Used In Rhode Island General Laws > Chapter 10-9 - Habeas Corpus

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
  • 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.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • 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.
  • justice of the peace: include warden of the peace and the words "district court" include warden's court. See Rhode Island General Laws 43-3-14
  • magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16
  • Oath: A promise to tell the truth.
  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • 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: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • 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: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.