§ 16-112-105 — Form of writ

(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her. (b) (1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the circuit judges of the county in which it may be served, if either are within the county. (2) The writ shall specify the time and place to which it shall be returned. (c) (1) In a writ of habeas corpus, the person having the custody of the prisoner may be designated either by his or her name of office, if he or she has any, or his or her own name. If both names are uncertain or unknown, he or she may be described by any assumed appellation. (2) The person directed to be produced may be designated by his or her name. If his or her name is uncertain or unknown, he or she may be described in any other way so as to designate or identify the person intended. (d) Writs of habeas corpus shall not be disobeyed for any defect of form. Anyone who shall be served therewith shall be deemed to be the person to whom it is directed, though it may be directed to him or her by a wrong name, or description, or to another person.

Legislative History

Rev. Stat., ch. 73, art. 1, §§ 10, 11; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5085, 5091, 5092, 5095; Pope's Dig., §§ 6348, 6354, 6355, 6358; A.S.A. 1947, §§ 34-1709 -- 34-1712.