Title 5, Judicial Procedure

The word “person” wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

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.

(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…

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.

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.

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.

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…

(a) In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the Superior Court may issue a mandatory order to any corporation, board, officer, or person, to compel the performan…

(a) The district court and Superior Court shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, corporation, association, or society having in his or its custody or possession any money or property in an a…

Any party to any proceeding before or by any officer, board, commission, authority, or tribunal may have the decision or determination thereof reviewed for errors therein as prescribed in this chapter and rules of court. Upon the review, the court may review any intermediate orde…

The writ of review shall be allowed in all cases where there is no appeal or other plain, speedy, and adequate remedy, and where the officer, board, commission, authority, or tribunal in the exercise of his or its functions appears to have exercised such functions erroneously, or…

Upon the review provided for in this chapter, the court has the power to affirm, modify, reverse, or annul the decision or determination reviewed, and, if necessary, to award restitution to the plaintiff, or, by mandate, direct the officer, board, commission, authority, or tribun…

(a) In any action based upon negligence to recover for injury to person or property, the contributory negligence of the plaintiff shall not bar a recovery, but the damages shall be diminished by the trier of fact in proportion to the amount of negligence attributable to the plain…

(a) This chapter may be cited as “The Virgin Islands Civil Procedure for Victims of Stalking Act” and its general purposes are to:(1) Assure that victims of stalking are granted the maximum protection from abuse that the law can provide;(2) Create a flexible and speedy remedy to …

(1) As used in this chapter:(1) “Stalking” means purposely and repeatedly following another person and engaging in a course of conduct or making a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing e…

(a) An adult person who is a victim of stalking may seek relief under this chapter by filing with the Magistrate Division of the Superior Court a verified petition on a form provided by the court. A verified petition must allege sufficient facts to establish the following:(1) The…

(a) Prior to a hearing, upon good cause shown, the court on motion of a party may enter such temporary relief orders as it considers necessary. (b) No later than 10 days after the petition is filed under section 1473, a hearing must be held at which the parties shall have an oppo…

(a) The Superior Court may issue a protection from stalking order granting any or all of the following relief:(1) Restraining the defendant or anyone acting on behalf of the defendant from following, harassing by personal, telephonic, or computerized contact, or by any other form…

A copy of all protection from stalking orders issued pursuant to this chapter must be served upon the parties, and copies provided to the Virgin Islands Police Department.

(a) The purpose of this act is to establish a Children's Policy for the territory. (b) This policy shall be interpreted in conjunction with all relevant laws, regulations, and the cultural heritage of the child and shall apply to all children who have need of services including, …

(1) As used in this chapter, unless it is otherwise provided or the context requires a different construction, application or meaning:(1) “Abandoned child” means a child whose parents, guardian, or custodian desert him for such a length of time and under such circumstances as to …

(a) No person appearing before the Family Division of the Superior Court on a “delinquency” or “person in need of supervision” matter shall be required to pay court costs and expenses. (b) No officer of the territory or of any political subdivision thereof shall be entitled to re…

Whenever a child is committed by the court to the custody of other than that of his parents, or is given medical, psychological or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment…

(a) A child alleged to be delinquent, or in the situation where a child is alleged to be a person in need of supervision and involuntary detention may result, is entitled to be represented by counsel. If the child and his parent, or other person responsible for his care is financ…

(a) At any time following the filing of a complaint, on motion of any party, or on its own motion, the court may order a child to be examined to aid in determining his physical or mental condition, including the emotional stability of the child. (b) Whenever possible, examination…

(a) If, during the pendency of a criminal charge and prior to the time when jeopardy would attach in the case of an adult, the court with criminal jurisdiction determines that:(1) the case was initially brought before the court with criminal jurisdiction and the defendant was und…