South Dakota § 21-27-13 Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

South Dakota Statutes

§ 21-27-13 — Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

South Dakota § 21-27-13

Title 21JUDICIAL REMEDIES

Ch. 21-26HABEAS CORPUS

This text of South Dakota § 21-27-13 (Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-27-13 (2026).

Text

The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, in order that all material facts may be ascertained.

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The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, in order that all material facts may be ascertained.