Title 32 — Judicial Remedies

Every person imprisoned or restrained of the person's liberty under any pretense whatever may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint and thereby, except in the cases specified in section 32-22-02, obtain relief from such impr…

The person in whose behalf the application is made is not entitled to relief from imprisonment or restraint under a writ of habeas corpus, if the time during which such person may be detained legally in custody has not expired, whenever it appears: 1. That the person is detained …

Application for the writ must be made by petition signed either by the person for whose relief it is intended or by some person in that person's behalf, and must specify: 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of the person's libert…

The writ of habeas corpus must be granted, issued, and made returnable as hereinafter stated: 1. The writ must be granted by the supreme court, or any judge thereof, upon petition by or on behalf of any person restrained of the person's liberty within this state. When granted by …

The court authorized to grant the writ to whom a petition therefor is presented, if it appears that the writ ought to issue, must grant the same without delay, and the writ shall not be denied for any informality in the petition or for any want of matters of substance, if the sam…

When, upon application to the supreme court for a writ of habeas corpus, it is apparent that no necessity exists for its immediate issuance, and a district court has entertained an application for the writ, and, upon hearing, quashed it, the supreme court will require all the pap…

The writ 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 person in custody or restraint personally appear before the court before whom the writ is returnable, at a place t…

Every writ of habeas corpus issued under the provisions of this chapter shall be in substantially the following form: State of North Dakota ) ) ss. County of _______________ ) The state of North Dakota to the sheriff of _________ etc. (or to _________): You are hereby commanded t…

Whenever the writ is directed to the sheriff or other ministerial officer of the court out of which it is issued, it must be delivered by the clerk or by such person as it may be entrusted to, without delay, as other writs are delivered to such sheriff or other officer for servic…

If the person to whom the writ is directed refuses, after service, to obey the same, the court, upon affidavit stating such facts, must issue an attachment against such person, directed to the sheriff or coroner, commanding the sheriff or coroner forthwith to arrest such person a…

The person upon whom the writ is served must state in the person's return, plainly and unequivocally: 1. Whether that person has or has not the party in custody or under power or restraint. 2. If that person has the party in custody or power or under restraint, that person must s…

The person to whom the writ is directed, if it is served, must bring the party in custody or under restraint, according to the command of the writ, except in cases specified in section 32-22-13.

When from sickness or infirmity of the person directed to be produced such person cannot be brought before the court without danger, the person in whose power or custody such person is may state that fact in the return to the writ, verifying the same by affidavit. If the court is…

The court before whom the writ is returned, immediately after the return or within five days thereafter, must proceed to hear and examine the return, and such other matters as may be properly submitted for its consideration.

The party brought before the court on the return of the writ may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that the imprisonment or detention is unlawful or that the par…

If no legal cause is shown for the imprisonment or restraint or for the continuation thereof, the court must discharge the party from the custody or restraint under which the party is held.

If it appears on the return of the writ that the party is in custody by virtue of process from any court of this state, or any judge or officer thereof, such person may be discharged in any of the following cases, subject to the restrictions of section 32-22-02: 1. When the juris…

If the person is committed to prison, or is in custody of an officer on a criminal charge, by virtue of a warrant of commitment of a district judge, the person must not be discharged on the ground of any mere defect of form in the warrant of commitment.

If it appears to the court, by affidavit or otherwise, or upon inspection of the process or warrant of commitment and proceedings as may be shown to the court, that the party is guilty of a criminal offense or ought not to be discharged, such court, although the charge is defecti…

Whenever a person is imprisoned or detained in custody on a criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in such person's petition, without alleging that the person is confined illega…

If a party brought before the court on the return of the writ is not entitled to a discharge, and is not admitted to bail or bailed when allowable, the court must remand the party to custody, or place the party under the restraint from which the party was taken, if the person und…

In cases in which any party is held under illegal restraint or custody, and any other person is entitled to the custody or restraint of such party, the court may order such party to be committed to the custody or restraint of such person as by law is entitled thereto.

Until judgment is given on the return, the court before whom any party may be brought on such writ may commit the party to the sheriff of the county or place the party in such care or under such custody as the party's age or circumstances may require.

When it appears that the person in whose behalf a writ of habeas corpus is issued is held upon a criminal charge of any kind, notice of the time and place of the hearing upon the return shall be given to the state's attorney of the county where the offense arose if the person is …

Whenever the officer or person to whom a writ of habeas corpus is directed and delivered is required thereby to make return and take the person in whose behalf the writ is issued into a county other than the county in which such person is imprisoned or restrained, the court award…

No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose restraint the party imprisoned or restrained is, the officer or person detaining the party, and the court before whom the party is to be brought.

No person who has been discharged by the order of the court upon habeas corpus can be imprisoned again or kept in custody for the same cause, except in any of the following cases: 1. If the person has been discharged from custody on a criminal charge and is committed afterwards f…

Obedience to an order for the discharge of any person, granted pursuant to the provisions of this chapter, may be enforced by the court or judge issuing such writ, or granting such order, by attachment, in the same manner as hereinbefore provided for a neglect to make a return to…

When it appears to any court authorized by law to issue the writ of habeas corpus that anyone is illegally held in custody, confinement, or restraint, and that there is reason to believe that the person will be carried out of the jurisdiction of the court, or will suffer some irr…

The officer to whom such warrant is delivered must execute it by bringing the person therein named before the court who directed the issuing of such warrant, but if such warrant is issued by the supreme court or a judge thereof, upon the return of the warrant, the hearing and dec…

The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial thereupon may be had as upon a return to a writ of habeas corpu…

If the party is held under illegal custody or restraint, the party must be discharged or be restored to the care or custody of the person entitled thereto.

Any writ or process authorized by this chapter may be issued and served on any day or at any time.

If any person shall be committed for a criminal or supposed criminal matter and not admitted to bail, and shall not be tried on or before the second term of the court having jurisdiction of the offense, the prisoner shall be set at liberty by the court, unless the delay shall hap…

To prevent any person from avoiding or delaying that person's trial, it shall not be lawful to remove any prisoner on habeas corpus under this chapter out of the county in which the prisoner is confined, within fifteen days next preceding the term of the court at which such perso…

Repealed by S.L. 1997, ch. 114, § 8.

Any judge empowered by this chapter to issue writs of habeas corpus, who corruptly shall refuse to issue such writ when legally applied to, in a case in which such writ may issue lawfully, or who, for the purpose of oppression, shall delay unreasonably the issuing of such writ, s…

Anyone having a person in custody or under restraint, power, or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place such person under control of another, or shall conce…

Repealed by S.L. 1985, ch. 169, § 3.

Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a writ of habeas corpus, shall arrest or detain that person again, contrary to the provisions of this chapter, for the same cause which was shown on the return of such writ, shal…

All the pecuniary forfeitures under this chapter shall inure to the use of the party for whose benefit the writ of habeas corpus issued, and shall be sued for and recovered with costs, in the name of the state, by any person aggrieved.

The recovery of the penalties prescribed by this chapter shall be no bar to a civil suit for damages. 32-22-43. Writ may issue for witness or for surrender of principal in discharge of bail - Liability of jailer - Costs. The supreme court or any district court within this state, …