North Dakota § 32-22-13 When party need not be brought

North Dakota Statutes

§ 32-22-13 — When party need not be brought

North Dakota·Title 32 Judicial Remedies·Ch. 32-22 Habeas Corpus

32-22-13. When party need not be brought.
When from sickness or infirmity of the person directed to be produced such person cannot
be brought before the court without danger, the person in whose power or custody such person
is may state that fact in the return to the writ, verifying the same by affidavit. If the court is
satisfied of the truth of such return and the return to the writ is otherwise sufficient, the court
may proceed to decide on such return and to dispose of the matter as if such party had been
produced on the writ, or the hearing thereof may be adjourned until such party can be produced.

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32-22-13. When party need not be brought.
When from sickness or infirmity of the person directed to be produced such person cannot
be brought before the court without danger, the person in whose power or custody such person
is may state that fact in the return to the writ, verifying the same by affidavit. If the court is
satisfied of the truth of such return and the return to the writ is otherwise sufficient, the court
may proceed to decide on such return and to dispose of the matter as if such party had been
produced on the writ, or the hearing thereof may be adjourned until such party can be produced.

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