Title 5, Judicial Procedure

If the writ is directed to any ministerial officer of the court out of which it issues, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person it shall be delivered to such officer and be b…

If the person to whom the writ is directed refuses after service to obey the same, the court, upon affidavit, shall issue an attachment against such person, directed to any officer, commanding him forthwith to apprehend such person and bring him immediately before such court or j…

(a) The person upon whom the writ is served shall state in his return, plainly and unequivocally—(1) whether he has or has not the party in his custody or under his power or restraint; and(2) if he has the party in his custody or power, or under his restraint, the authority and c…

The person or officer on whom the writ is served shall bring the body of the party in his custody or under restraint, according to the command of the writ.

Immediately after the return, the court shall proceed to hear and examine the return, and such other matters as may be properly submitted to its hearing and 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 his imprisonment or detention is unlawful, or that he is …

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

(1) If the time during which such party may be legally detained in custody has not expired, the court shall remand such party if it appears that he is legally detained in custody—(1) by virtue of process issued by a court or judge in a case where such court or judge has jurisdict…

(1) If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restriction of section 1313 of this title:(1) When the jurisd…

If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall 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 the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, although th…

Any person who has been committed on a criminal charge may be brought before a judge on a writ of habeas corpus, if the writ issues out of the proper court.

If a party brought before the court on the return of the writ is not entitled to his discharge, and is not bailed where such bail is allowable, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or res…

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

Until judgment is given on the return, the court before whom any party may be brought on such writ may commit him to the custody of the Commissioner of Public Safety, or place him in such care or under such custody as his age or circumstances may require.

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

(1) No person who has been discharged by order of the court upon habeas corpus shall be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases:(1) If he has been discharged from custody on a criminal charge, and is afterwards committe…

(a) When it appears to the court that anyone is illegally held in custody, confinement or restraint and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the application is made, or will suffer some irreparable injur…

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

(a) All writs, warrants, process, and subpoenas authorized by the provisions of this chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of such court, and served and returned forthwith, unless the court specifies a particular ti…