Title XXXVII, Special Proceedings

(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…

(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…

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…

If the person commanded by the writ refuses to obey, he shall be adjudged in contempt of court.

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.

(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…

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…

(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…