Title Minnesota Statutes, Minnesota Statutes

589.04 STATEMENTS IN PETITION. A petition for a writ of habeas corpus must contain information set forth in paragraphs (a) to (e): (a) It must state that the person on whose behalf the writ is applied for is imprisoned or restrained of liberty, the name of the officer or person b…

589.05 FORM OF WRIT; REQUIREMENTS. A writ of habeas corpus must be under the seal of the court, and substantially in the following form: "The State of Minnesota, to the Sheriff of, etc. (or to A.B.): You are commanded to bring C.D., who is imprisoned and detained by you, by whate…

589.06 CONTENTS OF WRIT; WHEN SUFFICIENT. The writ may not be disobeyed because of any defect of form. A writ is sufficient if the petitioner and the person to whom the writ is directed are designated in it with reasonable certainty, by name, description, or otherwise. Either the…

589.07 REFUSAL TO GRANT; PENALTY. If a judge authorized to grant writs of habeas corpus willfully refuses to grant the writ when legally applied for, the judge shall forfeit to the party aggrieved $1,000 for each offense. History: (9745) RL s 4579; 1985 c 265 art 9 s 1

589.08 RETURN TO WRIT; CONTENT REQUIREMENTS. The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c): (a) The return shall state whether the detaining authori…

589.09 PRODUCING PERSON REQUIRED EXCEPT WHEN SICK. The person on whom the writ is served shall bring the person being detained, according to the command of the writ, to the judge named on the writ except when the detained person is sick, as provided in section 589.20. History: (9…

589.10 ENFORCING THE WRIT. If the person upon whom the writ is served refuses or neglects to produce the person named in it and make a full return of the writ at the time and place required and does not give sufficient excuse, the judge before whom the writ is returnable, upon pr…

589.11 PETITIONER HELD IN CUSTODY BY SHERIFF. The judge who issues an attachment under section 589.10 may also, at the same time or afterward, issue an order to the sheriff or other person to whom the attachment was directed, commanding the bringing of the petitioner before that …

589.12 PROCEEDINGS ON RETURN OF WRIT. Immediately after the return of the writ, the judge before whom the petitioner is brought shall examine the facts set forth in the return, the cause of the imprisonment or restraint, and whether the cause was upon commitment for a criminal ch…

589.13 DISCHARGING PETITIONER. If the judge, under section 589.12, finds no legal cause to support imprisonment or restraint of the petitioner, the judge shall discharge the petitioner. History: (9751) RL s 4585; 1985 c 265 art 9 s 1

589.14 SENDING PETITIONER BACK TO CUSTODY. The judge shall immediately send the petitioner back to the detaining authority if it appears that the petitioner is detained in custody: (1) under process issued by a court or judge of the United States, in a case where the court or jud…

589.15 DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS. If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases: (1) if the jurisdiction of the court has been exceeded, eith…

589.16 WHEN BAIL OR REMAND OR DISCHARGE ALLOWED. If the petitioner has been legally committed for a criminal offense, or if upon hearing it appears by the testimony offered with the return that the petitioner is guilty of the offense, although the commitment is irregular, the jud…

589.17 REQUIRING PETITIONER TO BE HELD IN CUSTODY UNTIL JUDGMENT. Until judgment is given upon the return, the judge before whom the petitioner is brought may either commit the petitioner to the custody of the sheriff of the county, or place the petitioner in other custody as the…

589.18 NOTICE MUST BE GIVEN TO COUNTY ATTORNEY OR ATTORNEY GENERAL. In criminal cases, if the petitioner is confined in a county jail or other local correctional facility, notice of the time and place at which the writ is returnable must be given to the county attorney of the cou…

589.19 DENIAL OF RETURN; NEW MATTER. At the hearing on the return of the writ, the petitioner may, on oath, deny any of the material facts alleged in the return, or allege any fact to show either that the imprisonment or detention is unlawful, or that the petitioner is entitled t…

589.20 PROCEEDINGS IN CASE OF SICKNESS OF PETITIONER. When the petitioner is so sick or infirm that the petitioner would be endangered if brought before the judge before whom the writ is returnable, the person having the petitioner in custody may state that fact in the return. If…

589.21 ENFORCING ORDER OF DISCHARGE. The judge may enforce obedience to an order for the discharge of the petitioner by attachment, as provided in section 589.10, directed to the person disobeying the order. If a person disobeys an order, that person shall forfeit to the petition…

589.22 CONDITIONS UNDER WHICH DISCHARGED PETITIONER MAY BE INCARCERATED. A petitioner who has been discharged upon a writ of habeas corpus may be incarcerated again for the same conduct only under the following circumstances: (1) if, after discharge for defect of proof or for a m…

589.23 TRANSFERRING OR CONCEALING PERSON; FORFEITURE. A person who has custody of a petitioner entitled to a writ of habeas corpus and who, with intent to elude the service of the writ or to avoid its effect, (1) transfers the petitioner to the custody or places the petitioner un…

589.24 REFUSING TO FURNISH COPY OF DOCUMENT AUTHORIZING DETENTION. An officer or another who detains a person and refuses to deliver a copy of an order, warrant, process, or other authority by which the person is detained to any one who requests the copy and who offers to pay the…

589.25 PERSON SERVING WRIT; BOND. The writ can be served only by a legal voter of the state. The judge granting it may require a bond to the state in a sum not more than $1,000, conditioned for the payment of all costs and expenses of the proceeding, and the reasonable charges of…

589.26 MANNER OF SERVICE OF WRIT. The writ of habeas corpus may be served by delivering it to the person to whom it is directed, or, if that person cannot be found, by leaving it at the jail or other place in which the petitioner is confined, with any correctional officer or othe…

589.27 WHEN RETURN TO WRIT MUST BE MADE. If the writ is returnable on a certain day, the person to whom the writ is directed shall make the return and produce the petitioner at the time and place specified in the writ. If the writ is returnable immediately, and the place of retur…

589.28 POWER OF COURT NOT RESTRAINED. Nothing in sections 589.01 to 589.30 is to be construed to prevent a court from issuing a writ of habeas corpus necessary or proper to bring an inmate before it or an inferior court for trial, an omnibus hearing, arraignment, appearance, or t…

589.29 APPEALS. A party aggrieved by the final order in proceedings upon a writ of habeas corpus may appeal to the court of appeals as in other civil cases, except that no bond is required of the appellant. Upon filing notice of appeal with the court administrator of the district…

589.30 HEARING ON APPEAL; COSTS; PAPERS. Either party in a proceeding upon a writ of habeas corpus may appeal a final order by applying to the court of appeals. The clerk of appellate courts shall serve the order fixing the time of hearing on the adverse party at least five days …

589.35 RELEASE OF INSTITUTIONALIZED PERSONS FOR JUDICIAL PURPOSES. § Subdivision 1.Order. Except as provided in this chapter and chapter 590, a court requiring the appearance of a person confined in a state correctional facility, hospital for persons with mental illnesses, or oth…