§ 34-25.5-5-1 — Limitation on questioning legality of judgment or process

Indiana § 34-25.5-5-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 25.5: SPECIAL PROCEEDINGS: HABEAS CORPUS
• Ch. 5: Issuance of Writ

Text

(a) Except as provided in subsection (b), the
court or judge shall not inquire into the legality of any judgment or
process by which the party is in custody, or discharge the party when
the term of commitment has not expired in any of the following cases:
(1) Upon process issued by any court or judge of the United States
where the court or judge has exclusive jurisdiction.
(2) Upon any process issued on a final judgment of a court of
competent jurisdiction.
(3) For any contempt of any court, officer, or body with authority
to commit.
(4) Upon a warrant issued from the circuit court, superior court,
or probate court upon an indictment or information.
(b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of
commitment, as for contempt, upon proceedings to enforce the remedy
of a party.
[Pre-1998 Recodification Citation: 34-1-57-13.]

Legislative History

As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.157.