Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The order may be issued by the district court to any inferior tribunal, or to any corporation, officer, or person; and by the supreme court or the court of appeals to any inferior court, if necessary, and in any other case where it is found necessary for either of those courts to…

The plaintiff in any action, except those brought for the recovery of specific real or personal property, may also, as an auxiliary relief, have an order of mandamus to compel the performance of a duty established in such action. [R60, §3767; C73, §3375; C97, §4343; C24, 27, 31, …

If such duty, the performance of which is sought to be compelled, is not one resulting from an office, trust, or station, it must be one for the breach of which a legal right to damages is already complete at the commencement of the action, and must also be a duty of which a cour…

An order of mandamus shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of the law, save as herein provided. [C51, §2182; R60, §3765; C73, §3376; C97, §4344; C24, 27, 31, 35, 39, § 12446; C46, 50, 54, 58, 62, 66, 71, 73, 75, …

The order of mandamus is granted on the petition of any private party aggrieved, without the concurrence of the prosecutor for the state, or on the petition of the state by the county attorney, when the public interest is concerned, and is in the name of such private party or of …

The plaintiff in such action shall state the plaintiff’s claim, and shall also state facts sufficient to constitute a cause for such claim, and shall also set forth that the plaintiff, if a private individual, is personally interested therein, and that the plaintiff sustains and …

The petition for the writ of habeas corpus must state: 1. That the person in whose behalf it is sought is restrained of the person’s liberty, and the person by whom and the place where the person is so restrained, mentioning the names of the parties, if known, and if unknown desc…

Any judge, whether acting individually or as a member of the court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars. [C51, §2222; R60, §3810; C73, §3457; C97, §4425; C24…

When any court or judge authorized to grant the writ has evidence, from a judicial proceeding before the court or judge, that any person within the jurisdiction of such court or officer is illegally restrained of the person’s liberty, such court or judge shall issue the writ or c…

The court or officer allowing the writ must cause the county attorney of the proper county to be informed thereof, and of the time and place where and when it is made returnable. [C51, §2240; R60, §3828; C73, §3459; C97, §4427; C24, 27, 31, 35, 39, § 12479; C46, 50, 54, 58, 62, 6…

The writ may be served by the sheriff, or by any other person appointed in writing for that purpose by the court or judge by whom it is issued or allowed. If served by any other than the sheriff, the person appointed possesses the same power, and is liable to the same penalty for…

The service shall be made by leaving the original writ with the defendant, and preserving a copy thereof on which to make the return of service, but a failure in this respect shall not be held material. [C51, §2225; R60, §3813; C73, §3461; C97, §4429; C24, 27, 31, 35, 39, § 12481…

If the defendant cannot be found, or if the defendant has not the plaintiff in custody, the service may be made upon any person who has, in the same manner and with the same effect as though the person had been made defendant therein. [C51, §2226; R60, §3814; C73, §3462; C97, §44…

If the defendant hides, or refuses admittance to the person attempting to serve the writ, or if the defendant attempts wrongfully to carry the plaintiff out of the county or the state after the service of the writ, the sheriff, or the person who is attempting to serve or who has …

In order to make the arrest, the sheriff or other person having the writ possesses the same power as is given to a sheriff for the arrest of a person charged with a felony. [C51, §2228; R60, §3816; C73, §3464; C97, §4432; C24, 27, 31, 35, 39, § 12484; C46, 50, 54, 58, 62, 66, 71,…

The writ must not be disobeyed for any defects of form or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent thereof. [C51, §2234; R60, §3822; C73, §3466; C97, §4434; C24, 27, 31, 35, 39, § 12486; C46, 50, 54, 58, 62, 66, 71, 73…

The petition must be sworn to by the person confined, or by someone in the confined person’s behalf, and presented to some court or officer authorized to allow the writ. [C51, §2214; R60, §3802; C73, §3450; C97, §4418; C24, 27, 31, 35, 39, § 12469; C46, 50, 54, 58, 62, 66, 71, 73…

If the defendant attempts to elude the service of the writ, or to avoid the effect thereof by transferring the plaintiff to another, or by concealing the plaintiff, the defendant shall be guilty of a serious misdemeanor, and any person knowingly aiding or abetting in any such act…

An officer refusing to deliver a copy of any legal process by which the officer detains the plaintiff in custody to any person who demands it and tenders the fees therefor, shall forfeit two hundred dollars to the person who demands it. [C51, §2254; R60, §3842; C73, §3468; C97, §…

The court or judge to whom the application for the writ is made, if satisfied that the plaintiff would suffer any irreparable injury before the plaintiff could be relieved by the proceedings above authorized, may issue an order to the sheriff, or any other person selected instead…

If the evidence is sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal detention of the plaintiff, the order must also direct the arrest of the defendant. [C51, §2231; R60, §3819; C73, §3470; C97, §4438; C24, 27, 31, 3…

The officer or person to whom the order is directed must execute the same by bringing the defendant, and also the plaintiff if required, before the court or judge issuing it, and the defendant must make return to the writ in the same manner as if the ordinary course had been purs…

The defendant may also be examined and committed, or bailed, or discharged, according to the nature of the case. [C51, §2233; R60, §3821; C73, §3472; C97, §4440; C24, 27, 31, 35, 39, § 12492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.25 ] Referred to in §822.1

Any person served with the writ is to be presumed to be the person to whom it is directed, although it may be directed to the person served by a wrong name or description, or to another person. [C51, §2235; R60, §3823; C73, §3473; C97, §4441; C24, 27, 31, 35, 39, § 12493; C46, 50…

Service being made in any of the modes herein provided, the defendant must appear at the proper time and answer the petition, but no verification shall be required to the answer. [C51, §2236; R60, §3824, 4182; C73, §3474; C97, §4442; C24, 27, 31, 35, 39, § 12494; C46, 50, 54, 58,…

The defendant must also produce the body of the plaintiff, or show good cause for not doing so. [C51, §2237; R60, §3825; C73, §3475; C97, §4443; C24, 27, 31, 35, 39, § 12495; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.28 ] Referred to in §822.1

A willful failure to comply with the above requirements will render the defendant liable to be attached for contempt, and to be imprisoned till the defendant complies, and shall subject the defendant to the forfeiture of one thousand dollars to the party thereby aggrieved. [C51, …

The writ may be allowed by the supreme or district court, or by a supreme court judge or district judge, and may be served in any part of the state. [C51, §2215; R60, §3803; C73, §3451; C97, §4419; C24, 27, 31, 35, 39, § 12470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66…

Such attachment may be served by the sheriff or any other person authorized by the court or judge, who shall also be empowered to produce the body of the plaintiff forthwith, and has, for this purpose, the same powers as are above conferred in similar cases. [C51, §2239; R60, §38…

The defendant in the answer must state whether the defendant then has, or at any time has had, the plaintiff under the defendant’s control and restraint, and if so the cause thereof. [C51, §2241; R60, §3829; C73, §3478; C97, §4446; C24, 27, 31, 35, 39, § 12498; C46, 50, 54, 58, 6…

If the defendant has transferred the plaintiff to another person, the defendant must state that fact, and to whom, and the time thereof, as well as the reason or authority therefor. [C51, §2242; R60, §3830; C73, §3479; C97, §4447; C24, 27, 31, 35, 39, § 12499; C46, 50, 54, 58, 62…

If the defendant holds the plaintiff by virtue of a legal process or written authority, a copy thereof must be annexed. [C51, §2243; R60, §3831; C73, §3480; C97, §4448; C24, 27, 31, 35, 39, § 12500; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.33 ] Referred to in §822.1…

The plaintiff may demur or reply to the defendant’s answer, but no verification shall be required to the reply, and all issues joined therein shall be tried by the judge or court. [C51, §2244; R60, §3832; C73, §3481; C97, §4449; C24, 27, 31, 35, 39, § 12501; C46, 50, 54, 58, 62, …

The reply may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before such magistrate may be given in evidence before the court or judge, in connection with any other testimony which may th…

It is not permissible to question the correctness of the action of a court or judge when lawfully acting within the scope of their authority. [C51, §2246; R60, §3834; C73, §3483; C97, §4451; C24, 27, 31, 35, 39, § 12503; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.36 ] …

If no sufficient legal cause of confinement is shown, the plaintiff must be discharged. [C51, §2247; R60, §3835; C73, §3484; C97, §4452; C24, 27, 31, 35, 39, § 12504; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.37 ] Referred to in §822.1

Although the commitment of the plaintiff may have been irregular, if the court or judge is satisfied from the evidence that the plaintiff ought to be held or committed, the order may be made accordingly. [C51, §2248; R60, §3836; C73, §3485; C97, §4453; C24, 27, 31, 35, 39, § 1250…

Application for the writ must be made to the court or judge most convenient in point of distance to the applicant, and the more remote court or judge, if applied to therefor, may refuse the same unless a sufficient reason be stated in the petition for not making the application t…

Until the sufficiency of the cause of restraint is determined, the defendant may retain the plaintiff in the defendant’s custody, and may use all necessary and proper means for that purpose. [C51, §2250; R60, §3838; C73, §3487; C97, §4455; C24, 27, 31, 35, 39, § 12507; C46, 50, 5…

The plaintiff may, in writing, or by attorney, waive the right to be present at the trial, in which case the proceedings may be had in the plaintiff’s absence. The writ will in such cases be modified accordingly. [C51, §2251; R60, §3839; C73, §3488; C97, §4456; C24, 27, 31, 35, 3…

Disobedience to any order of discharge will subject the defendant to attachment for contempt, and also to the forfeiture of one thousand dollars to the party aggrieved, besides all damages sustained by the plaintiff in consequence thereof. [C51, §2252; R60, §3840; C73, §3489; C97…

When the proceedings are before a judge, except when the writ is refused, all the papers in the case, including the judge’s final order, shall be filed with the clerk of the district court of the county wherein the final proceedings were had, and a memorandum thereof shall be ent…

1. If the plaintiff is discharged, the costs shall be assessed to the defendant, unless the defendant is an officer holding the plaintiff in custody under a commitment, or under other legal process, in which case the costs shall be assessed to the county. If the plaintiff’s appli…

When the applicant is confined in a state or federal institution, other than a penal institution, the provisions of section 663.4 relating to the court to which or the judge to whom applications must be made are mandatory, and the convenience or preference of an attorney or witne…

If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the court or judge must refuse to allow the writ. [C51, §2218; R60, §3806; C73, §3453; C97, §4421; C24, 27, 31, 35, 39, § 12473; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.6 ] Re…

If the writ is disallowed, the court or judge shall cause the reasons thereof to be appended to the petition and returned to the person applying for the writ. [C51, §2221; R60, §3809; C73, §3454; C97, §4422; C24, 27, 31, 35, 39, § 12474; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 7…