§ 32-22-11 — What the return must set forth

North Dakota § 32-22-11

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-22: Habeas Corpus

Text

The person upon whom the writ is served must state in the person's return, plainly and
unequivocally:
1. Whether that person has or has not the party in custody or under power or restraint.
2. If that person has the party in custody or power or under restraint, that person must
state the authority and cause of such imprisonment or restraint.
3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy
thereof must be annexed to the return and the original produced and exhibited to the
court on the hearing of such return.
4. If the person upon whom the writ is served had the party in the person's custody or
power or under the person's restraint, at any time prior or subsequent to the date of
the writ of habeas corpus, but has transferred such custody or restraint to another, the
return must state particularly to whom, at what time and place, for what cause, and by
what authority such transfer took place.
5. The return must be signed by the person making the same, and, except when such
person is a sworn public officer and makes such return in an official capacity, it must
be verified by the officer's oath or affirmation.