Title 46, Title 46

(1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction. (2) When a writ of habeas corpus is issued, it may be made…

Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.

The writ of habeas corpus or any associated process may be issued and served on any day or at any time.

(1) The writ of habeas corpus must be directed to the person having custody of or restraining the person on whose behalf the application is made and must command that person to have the petitioner before the judge before whom the writ is returnable at a time and place specified. …

(1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon t…

(1) The person upon whom the writ is served shall make a return and state in that return: (a) (i) whether the petitioner is in that person's custody or under that person's power or restraint; and (ii) if the petitioner is in custody or otherwise restrained, the authority for and …

(1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person havin…

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

The court before whom the writ is returned shall immediately proceed to hear and examine the return. The hearing may be summary in nature.

Evidence may be produced and compelled in preparation of a hearing as provided in Title 46, chapter 22.

(1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper. (2) If t…

An appeal may be taken to the supreme court by the prosecution from an order of judgment discharging the petitioner. The court may admit the petitioner to bail pending appeal as provided in 46-9-107. The appeal must be taken in the same manner as in civil actions.