Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 1301 Right to writ of habeas corpus
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Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint.
5 V.I.C. § 1302 Application for writ
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(1) Application for the writ of habeas corpus shall be made by petition signed either by the party for whose relief it is intended or by some person in his behalf. The petition shall comply with the following requirements:(1) It shall specify that the person in whose behalf the w…
5 V.I.C. § 1303 Power to grant writ
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The writ of habeas corpus may be granted by the Superior Court of the Virgin Islands, upon petition by or on behalf of any person restrained of his liberty.
5 V.I.C. § 1304 Grant of writ
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The court authorized to grant the writ, to whom a petition therefor is presented, shall grant the same without delay, if it appears that the writ ought to issue.
5 V.I.C. § 1305 Form of writ
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The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of such person before the court before which the writ is returnable, at a time and place therein specified.
5 V.I.C. § 1306 Delivery and service of writ
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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…
5 V.I.C. § 1307 Commitment for refusal to obey writ
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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…
5 V.I.C. § 1308 Return
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(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…
5 V.I.C. § 1309 Production of body
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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.
5 V.I.C. § 1310 Hearing and examination of return and other matters
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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.
5 V.I.C. § 1311 Procedure for hearing
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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 …
5 V.I.C. § 1312 Discharge from custody or restraint
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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.
5 V.I.C. § 1313 Remand of party
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(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…
5 V.I.C. § 1314 Grounds for discharge of prisoner
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(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…
5 V.I.C. § 1315 Defect of form in warrant of commitment
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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.
5 V.I.C. § 1316 Procedure on commitment for criminal offense
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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…
5 V.I.C. § 1317 Writ for person committed on criminal charge
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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.
5 V.I.C. § 1318 Remand to custody
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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…
5 V.I.C. § 1319 Recommitment to proper custody
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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.
5 V.I.C. § 1320 Custody pending judgment
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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.
5 V.I.C. § 1321 Defects in form of writ
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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.
5 V.I.C. § 1322 Imprisonment for same cause after discharge
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(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…
5 V.I.C. § 1323 Warrant in lieu of writ
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(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…
5 V.I.C. § 1324 Time of issue and service of writ or process
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Any writ or process authorized by this chapter may be issued and served on any day or at any time.
5 V.I.C. § 1325 Form, issue, service, and return of writs, etc
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(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…