§ 13-45-103 — Hearing - pleadings - discharge

Colorado § 13-45-103

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Habeas Corpus - General

Text

(1) Upon the return of the writ
of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or
detainer not exceeding five days thereafter, unless the prisoner requests a longer
time. The prisoner may deny any of the material facts set forth in the return or may
allege any fact to show either that the imprisonment or detention is unlawful or that
he is then entitled to his discharge, which allegations or denials shall be made on
oath. The return may be amended by leave of the court, before or after the same is
filed as also may all suggestions made against it, that thereby all material facts
may be ascertained. The court shall proceed in a summary way to settle the facts
by hearing the testimony and arguments of all parties interested civilly, if there are
any, as well as of the prisoner and the person who holds him in custody and shall
dispose of the prisoner as the case may require.

(2) If it appears that the prisoner is in custody by virtue of process from any
court legally constituted, he can be discharged only for some of the following
causes:

(a) Where the court has exceeded the limit of its jurisdiction, either as to the
matter, place, sum, or person;

(b) Where, though the original imprisonment was lawful, yet by some act,
omission, or event which has subsequently taken place, the party has become
entitled to his discharge;

(c) Where the process is defective in some substantial form required by law;

(d) Where the process, though in proper form, has been issued in a case or
under circumstances where the law does not allow process or orders for
imprisonment or arrest to issue;

(e) Where, although in proper form, the process has been issued or executed
by a person either unauthorized to issue or execute the same or where the person
having the custody of the prisoner under such process is not the person empowered
by law to detain him;

(f) Where the process appears to have been obtained by false pretense or
bribery;

(g) Where there is no general law, nor any judgment, order, or decree of a
court to authorize the process, if in a civil suit, nor any conviction if in a criminal
proceeding.

(3) No court on the return of a habeas corpus shall inquire into the legality or
justice of a judgment or decree of a court legally constituted, in any other manner.
In all cases where the imprisonment is for a criminal or supposed criminal matter, if
it appears to the court that there is sufficient legal cause for the commitment of the
prisoner although such commitment may have been informally made, or without
due authority, or the process may have been executed by a person not authorized,
the court shall make a new commitment, in proper form and directed to the proper
officer, or admit the party to bail if the case is bailable.

Legislative History

Source: R.S. p. 353, � 3. G.L. � 1325. G.S. � 1611. R.S. 08: � 2919. C.L. � 6488. CSA: C. 77, � 3. CRS 53: � 65-1-3. C.R.S. 1963: � 65-1-3.