Indiana § 34-25.5-2-2 Courts and judges authorized to grant writ

Indiana Statutes

§ 34-25.5-2-2 — Courts and judges authorized to grant writ

Indiana § 34-25.5-2-2

Title 34CIVIL LAW AND PROCEDURE

Art. 25.5SPECIAL PROCEEDINGS: HABEAS CORPUS

Ch. 2Application for Writ

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Bluebook

Ind. Code § 34-25.5-2-2 (2026).

Text

(a)Writs of habeas corpus may be granted by:

(1)the circuit or superior courts of the county in which the person applying for the writ may be restrained of his or her liberty, or by the judges of those courts; or

(2)if the judges described in subdivision (1) are:

(A)absent from their circuits; or

(B)by reason of sickness or other cause, unable or incompetent to hear and determine the application for the writ; then by any judge of an adjoining circuit.

(b)Upon application, a writ granted under subsection (a) shall be granted without delay. [Pre-1998 Recodification Citation: 34-1-57-3.]

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(a) Writs of habeas corpus may be granted
by:
(1) the circuit or superior courts of the county in which the person
applying for the writ may be restrained of his or her liberty, or by
the judges of those courts; or
(2) if the judges described in subdivision (1) are:
(A) absent from their circuits; or
(B) by reason of sickness or other cause, unable or incompetent
to hear and determine the application for the writ;
then by any judge of an adjoining circuit.
(b) Upon application, a writ granted under subsection (a) shall be
granted without delay.
[Pre-1998 Recodification Citation: 34-1-57-3.]