§ 34-25.5-3-5 — Return of writ; requisites

Indiana § 34-25.5-3-5

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 25.5: SPECIAL PROCEEDINGS: HABEAS CORPUS
• Ch. 3: Service and Return of Writ

Text

The return must be signed and verified by the
person making it, who shall state the following:
(1) The authority or cause of the restraint of the applicant in the
custody of the person to whom the writ is directed.
(2) If the authority is in writing, the person to whom the writ is
directed shall return a copy and produce the original at the
hearing.
(3) If the person to whom the writ is directed has had the
applicant in custody or under restraint, and has transferred the
applicant to another, the person to whom the writ is directed shall
state to whom, the time, place, and cause of the applicant’s
transfer.
The person to whom the writ is directed shall produce the applicant at
the hearing unless prevented by sickness or infirmity, which must be
shown in the return.
[Pre-1998 Recodification Citation: 34-1-57-10.]

Legislative History

As added by P.L.1-1998, SEC.21.