Nebraska § 29-2815 Applicant in custody of person not an officer; form of writ

Nebraska Statutes

§ 29-2815 — Applicant in custody of person not an officer; form of writ

Nebraska § 29-2815

Ch. 29Criminal Procedure

This text of Nebraska § 29-2815 (Applicant in custody of person not an officer; form of writ) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 29-2815 (2026).

Text

In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:
The State of Nebraska,
ss.
.............. County,
The People of the State of Nebraska to the Sheriff of such county, greeting:
We command you, that the body of .................., of ..............., by .................. of ............. imprisoned and restrained of his or her liberty, as it is said, you take and have before .................., a judge of our ............ court ................, or, in case of his or her absence or disability, before some other judge of the same court at .................., to do and receive

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In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:
The State of Nebraska,
ss.
.............. County,
The People of the State of Nebraska to the Sheriff of such county, greeting:
We command you, that the body of .................., of ..............., by .................. of ............. imprisoned and restrained of his or her liberty, as it is said, you take and have before .................., a judge of our ............ court ................, or, in case of his or her absence or disability, before some other judge of the same court at .................., to do and receive what our judge shall then and there consider ................. concerning him or her in his or her behalf, and summon ................... then and there to appear before our judge to show the cause of the taking and detaining .................; and have you there this writ, with your doings thereon.
Witness ................., at ................, this ......... day of .............., in the year ...... .

Legislative History

Source: G.S.1873, c. 58, § 367, p. 807; R.S.1913, § 9261; C.S.1922, § 10290; C.S.1929, § 29-2815; R.S.1943, § 29-2815; Laws 1988, LB 1030, § 29. Annotations: Court may require person who is shown to have control of prisoner to produce him. Nebraska Children's Home Society v. State, 57 Neb. 765, 78 N.W. 267 (1899).