Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:67-13 Who may prosecute writ. 2A:67-13. Except as provided in N.J.S.2A:67-14, a person may prosecute a writ of habeas corpus, in accordance with this chapter, to inquire into the cause of the person's imprisonment or restraint, if the person is: a. committed, detained, confine…

2A:67-14. Who may not prosecute writ The persons hereinafter specified shall not be entitled to prosecute writ of habeas corpus: a. Any person committed or restrained of his liberty by virtue of any process issued by any court of the United States, or any judge thereof, in cases …

2A:67-15. Power and authority to issue writ The power and authority to issue writs of habeas corpus shall be and reside in: a. The superior court and each judge thereof. b. Each county judge, who shall have concurrent jurisdiction in his county with the judges of the superior cou…

2A:67-16. Application by complaint; contempts; verification Application for the writ shall be made, by complaint, either by the party for whose relief it is intended or by some person in his behalf, and shall be duly verified. The complaint shall allege (a) the facts concerning t…

2A:67-17. Issuance of writ; contents The judge to whom the application is made shall grant such writ without delay or issue an order directing the defendant named in the complaint to show cause why the writ should not be granted, unless it appears from the complaint or otherwise …

2A:67-18. Defect of form not cause for disobedience of writ Writs of habeas corpus shall not be disobeyed for any defect of form. L.1951 (1st SS), c.344.

2A:67-19. Service of writ A writ of habeas corpus issued under this chapter may be served by delivering it to the person to whom it is directed, together with a copy of the complaint. If the person to whom the writ is directed cannot be found, then the writ may be served by leavi…

2A:67-2. Chapter not generally applicable to habeas corpus ad testificandum No provision of this chapter shall apply to the writ of habeas corpus when used to bring a prisoner before a court as a witness, unless it is expressly made applicable thereto. L.1951 (1st SS), c.344.

2A:67-20. Return Every public officer upon whom the writ shall be duly served, whether the writ be directed to him or not, and every other person to whom the writ shall be directed and upon whom it shall be duly served, shall make a return to the writ as required thereby. The ret…

2A:67-21. Excuse for failure to produce person detained as required The defendant shall be excused for failure to comply with a command in the writ to produce the person detained, and the hearing may proceed without such production, if (a) the applicant, in writing, has waived su…

2A:67-22. Contents of return; verification The return shall set forth, fully and explicitly, whether the defendant has or has not the party in his power or custody or under his restraint and, if he has, the authority and true cause of the confinement or restraint. If a party is d…

2A:67-23. Effect of return; answer thereto The allegations of the return, if not controverted, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true. At or before the time of hearing, the plaintiff or any other party in inter…

2A:67-24. Arrest for failure to produce prisoner or make return; commitment If the person upon whom the writ shall have been duly served refuses or neglects to produce the person named in the writ, or to make a full and explicit return to the writ, as required, and no sufficient …

2A:67-25. Order to enforce production of prisoner When an order of arrest is issued against a defendant and the person named in the writ or order has not been produced as required, the court or judge issuing such order of arrest may also issue an order to the sheriff or other per…

2A:67-26. Custody pending determination When a person is produced before the court in habeas corpus proceedings, the judge may, until judgment is given, commit such person to the custody of the sheriff or place him in such care or under such custody as the circumstances of the ca…

2A:67-27 Time of hearing; notice. 2A:67-27. When the writ is returned, the court may hold the hearing immediately, unless the validity of a detention on any civil process, or the mental capacity of the party is to be determined, and may, in any case, set a date for the hearing, w…

2A:67-28 Hearing; jury. 2A:67-28. In all cases in which the mental capacity of the party is to be determined, the testimony shall be taken orally and the judge may hear the matter without a jury or may direct that the action be tried by a jury called from the general panel or, if…

2A:67-29 Judgment. 2A:67-29. In any proceeding under subsection a., b., or c. of N.J.S.2A:67-13, if no cause is shown for the imprisonment or restraint or for the continuation thereof, the judge shall discharge the party from the confinement or restraint. If the party is not enti…

2A:67-3. Issuance of writ without application When the superior court shall have evidence from any judicial proceeding had before it that a person within this state is illegally confined or restrained of his liberty, such court shall issue a writ of habeas corpus for his relief, …

2A:67-30. Enforcement of court's order When, in a proceeding under subsection h. of section 2A:67-13 of this title, the court orders the release of the person confined or restrained and his return to the charitable institution, the officers of such institution shall have full aut…

2A:67-31. Reimprisonment for same cause of person discharged upon writ; exceptions No person who has been discharged by the order of such court or judge upon a writ of habeas corpus issued pursuant to the provisions of this chapter shall again be imprisoned, restrained or kept in…

2A:67-32. Penalty for reimprisoning; aiding or assisting; misdemeanor Any person, either solely or as a member of any court, or in the execution of any order, judgment or process, who shall knowingly recommit, imprison or restrain of his liberty, or cause to be recommitted, impri…

2A:67-33. Eluding writ by removing or transferring prisoner to other custody; misdemeanor Any person having in his custody or under his power any party for whose relief a writ of habeas corpus shall have been duly issued pursuant to the provisions of this chapter and who with int…

2A:67-34. Neglect or refusal to obey writ; forfeiture; misdemeanor If any officer or other person shall neglect or refuse to make the required returns or to produce the prisoner according to the command of the writ, every such officer and person so neglecting shall forfeit and pa…

2A:67-35. Misdemeanor; punishment Every person convicted of a misdemeanor under sections 2A:67-32, 2A:67-33 or 2A:67-34 of this title, shall be punished by fine or imprisonment, or both, at the discretion of the court in which he shall be convicted but such fine shall not exceed …

2A:67-36. Appeal to Appellate Division of Superior Court 2A:67-36. In all proceedings involving the writ of habeas corpus before a judge of the Superior Court, the prisoner may, after final decision by such judge, appeal therefrom to the Appellate Division of the Superior Court, …

2A:67-4. Prisoner not to be removed except in certain cases 2A:67-4. No person committed to a prison or in the custody of an officer or other person for a criminal or supposed criminal matter shall be removed from such prison or custody into the custody of any other officer or pe…

2A:67-5. Penalty for signing and executing warrant for removal contrary to chapter If, after such commitment mentioned in section 2A:67-4 of this title, a person shall make out, sign or countersign a warrant for the removal of any person, so committed, contrary to this chapter, h…

2A:67-6. Sending citizen as prisoner out of State for offense committed within State; action for damages; punishment; disqualification; exceptions 2A:67-6. For preventing illegal imprisonment of citizens of this State in prisons out of this State, no citizen of this State who is …

2A:67-7. Discharge on criminal charge not extended to discharge on civil process. Nothing in this chapter shall extend to discharge out of prison any person in custody by virtue of a judgment, order or process in any civil cause unless by virtue of the proceedings had for that pu…

2A:67-8. Warrant in lieu of writ; arrest of person having custody of person detained. 2A:67-8. A judge of the superior court may, when it shall appear by satisfactory proof that anyone is held in illegal confinement or custody and there is good reason to believe that he will be t…

2A:67-9. Service of warrant; return. Any officer or person to whom the warrant mentioned in section 2A:67-8 of this title shall be directed shall execute the same by bringing the prisoner named therein, and the person who detains him, if so commanded by the warrant, before the co…