§ 13-4129 — Production of prisoner; exception

A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ.

B. When from sickness or infirmity of the person directed to be produced, the person cannot without danger be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ. If the court or judge is satisfied of the truth of the allegations of sickness or infirmity, and the return to the writ is otherwise sufficient the court or judge may decide the matter on such return and dispose of the matter as if the party had been produced on the writ, or the hearing thereof may be adjourned until the party can be produced.