Title XXXVII, Special Proceedings
4 chapters · 81 sections in this title.
KRS § 419.020 Issuance of writs
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The writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail. The writ may be issued by any Circuit Judge on any day at …
KRS § 419.030 Signature -- Production of person -- Return of writ
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The writ must be signed by the judge issuing it and command the person having custody of or restraining the person in whose behalf it is issued to bring him personally before the Circuit Judge of the county in which the person is being detained at the time therein specified. The …
KRS § 419.040 Bond
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The judge granting the writ may require bond conditioned that the person detained shall not escape by the way, and for the payment of costs. The bond shall be filed with the record of the proceedings, and shall be sued on by the Commonwealth for the benefit of anyone injured by t…
KRS § 419.050 Accused not in custody
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When the person on whose behalf the writ is granted is not in the custody of a public officer, the judge issuing it, for good cause shown, may direct the person serving it to take the person detained into his custody and produce him on the return of the writ.
KRS § 419.060 Service of writ -- On concealed person
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(1) Service shall be made by delivering a copy of the writ personally to the person to be served, or if acceptance is refused, by offering personal delivery to such person. (2) If the person to be served is absent from the place of detention, service shall be made by delivering a…
KRS § 419.070 Response to writ
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(1) The person commanded by the writ may file a response in which he shall state whether he has the party in his custody, or under his power of restraint. (2) If he has the party in his custody or under his power of restraint, he shall state the authority for and cause of such cu…
KRS § 419.080 Production of person -- Exception for infirmity or illness
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The person commanded by the writ shall bring the detained person according to the command of the writ unless it is made to appear by affidavit that because of sickness or infirmity such person cannot be brought before the judge without danger to his health. If the judge is satisf…
KRS § 419.090 Refusal to obey writ
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If the person commanded by the writ refuses to obey, he shall be adjudged in contempt of court.
KRS § 419.100 Production of evidence -- Depositions
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Evidence may be produced and compelled as in civil actions. Depositions taken in accordance with the provisions of the Rules of Civil Procedure may be read as evidence at the hearing on the writ.
KRS § 419.110 Trial and judgment
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(1) The hearing on the writ shall be summary in nature. (2) The judgment shall fix the costs of the proceeding, including the charge for transportation of the prisoner or party detained. (3) Where the person detained is a party to a prosecution pending in another court, a copy of…
KRS § 419.120 Removal of person to another court
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If the evidence at the hearing shows probable cause that the detained person is guilty of an offense that is within the exclusive jurisdiction of another court, or that was committed in another county, the court shall order that he be taken immediately before the court having jur…
KRS § 419.130 Appeal -- Supersedeas
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(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with the clerk of the court, within thirty (30) days after the entry of the judgment, the original record and a transcript of the evidence, together with a notice of appeal, which notice shall be se…