§ 15-21-1 Persons entitled to prosecute writ – Generally
§ 15-21-2 Persons entitled to prosecute writ – Persons confined for failure to enter into undertaking to keep the peace
§ 15-21-3 Persons entitled to prosecute writ – Persons confined as insane
§ 15-21-4 Application to be made by petition; contents of petition
§ 15-21-5 Description of party if name uncertain or unknown
§ 15-21-6 To whom petition addressed
§ 15-21-7 When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge
§ 15-21-8 Writ to be granted without delay; to whom writ returnable
§ 15-21-9 Form of writ
§ 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient
§ 15-21-12 Notice to any other person having interest required
§ 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice
§ 15-21-14 Issuance of precept; execution of precept by sheriff or constable
§ 15-21-15 Subpoenas for witnesses
§ 15-21-16 Service of writ
§ 15-21-17 When return to be made; form and contents of return
§ 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception
§ 15-21-19 Proceedings when person not produced on account of sickness or infirmity
§ 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail
§ 15-21-21 When party to be discharged or remanded
§ 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail
§ 15-21-23 Judgment, etc., or contempt commitment not to be inquired into
§ 15-21-24 Grounds for discharge of person in custody under process legally issued
§ 15-21-25 Remand or commitment to custody or restraint for public offense when commitment irregular
§ 15-21-26 Reimprisonment for same cause after discharge
§ 15-21-27 Penalty – Unlawful detention or arrest after discharge order; civil action for damages
§ 15-21-28 Penalty – Refusal or neglect to deliver true copy of detention order, etc
§ 15-21-30 Attachment to compel obedience and punish for contempt
§ 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of writ
§ 15-21-32 Proceedings against defaulting witnesses
§ 15-21-33 Taxation and collection of fees and costs of witnesses
§ 15-21-34 Summoning and compensation of guards to convey prisoner

Terms Used In Alabama Code > Title 15 > Chapter 21 - Habeas Corpus

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Contract: A legal written agreement that becomes binding when signed.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC