Arkansas § 16-112-108 Return

Arkansas Statutes

§ 16-112-108 — Return

(a)The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further distance. It shall be returned with the person of the petitioner, with the cause of his or her detention or his or her imprisonment stated in the return.

(b)The officer or other person serving the writ shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer.

(c)(1) Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally:

(A)Whethe

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(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further distance. It shall be returned with the person of the petitioner, with the cause of his or her detention or his or her imprisonment stated in the return. (b) The officer or other person serving the writ shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer. (c) (1) Every officer or other person upon whom a writ of habeas corpus shall be served shall state in his or her return plainly and unequivocally: (A) Whether he or she has or has not the party in his or her custody or under his or her power or restraint; (B) If he or she has the party in his or her custody or power or under his or her restraint, the authority and true cause of the imprisonment or restraint, setting forth the same at large; and (C) If the person making the return shall have had the party in his or her power or custody or under his or her restraint, at any time before the service of the writ, and has transferred the custody or possession to another, particularly to whom, at what time, for what cause, and by what authority the transfer took place. (2) If the party is restrained, imprisoned, or detained by virtue of any writ, order, warrant, or other written authority, a copy thereof shall be annexed to the return. The original shall be exhibited on the return of the writ, to the court or judge to whom it is returnable. (3) The return must be signed by the person making the return, and except where the person shall be a sworn officer and shall make his or her return in his or her official capacity, it shall be verified by his or her oath.

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Legislative History

Rev. Stat. ch. 73, art. 2, §§ 7, 8; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5099, 5101-5103; Pope's Dig., §§ 6362, 6364-6366; A.S.A. 1947, §§ 34-1717 -- 34-1719.