§ 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • ARTICLES OF ORGANIZATION: The filing instrument provided for by Section 10A-5-2. See Alabama Code 10A-5-1.02
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2A. See Alabama Code 10A-1-1.03
  • BUSINESS ENTITY: A corporation, limited liability company, partnership, limited partnership, registered limited liability partnership, or other entity organized to engage in business, whether for profit or not, created under the laws of the State of Alabama, predecessor law, or law of another jurisdiction. See Alabama Code 10A-5-1.02
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • conversion: A conversion, whether referred to as a conversion, domestication, or otherwise, means:

    (A) the continuance of a domestic entity as a foreign entity of any type;

    (B) the continuance of a foreign entity as a domestic entity of any type; or

    (C) the continuance of a domestic entity of one type as a domestic entity of another type. See Alabama Code 10A-1-1.03

  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • Conviction: A judgement of guilt against a criminal defendant.
  • corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • court: The designated court, and if none, the circuit court specifically set forth in this title, and if none, any other court having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • DISQUALIFIED PERSON: Any person who is not a qualified person. See Alabama Code 10A-4-1.03
  • domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
  • DOMESTIC PROFESSIONAL CORPORATION: A corporation for profit or nonprofit organized pursuant to the provisions of this chapter. See Alabama Code 10A-4-1.03
  • entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • FINANCIAL RIGHTS: Rights to a. See Alabama Code 10A-5-1.02
  • 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.
  • foreign: With respect to an entity, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED LIABILITY COMPANY: An organization formed under the laws of any jurisdiction other than Alabama that is substantially similar to a limited liability company. See Alabama Code 10A-5-1.02
  • FOREIGN NONPROFIT CORPORATION: A nonprofit corporation organized under laws other than the laws of Alabama. See Alabama Code 10A-3-1.02
  • FOREIGN PROFESSIONAL CORPORATION: A corporation or unincorporated association, for profit or nonprofit, organized for the purpose of rendering professional services under a law other than the law of Alabama. See Alabama Code 10A-4-1.03
  • GOVERNANCE RIGHTS: All a member's rights as a member of a limited liability company except financial rights, including without limitation, the rights to participate in the management of the limited liability company and to bind the limited liability company as provided in Section 10A-5-3. See Alabama Code 10A-5-1.02
  • 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.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 10A-1-1.03
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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.
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • LICENSING AUTHORITY: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 10A-5-1.02
  • merger: The combination of one or more domestic entities with one or more domestic entities or foreign entities resulting in:

    (A) one or more surviving domestic entities or foreign entities;

    (B) the creation of one or more new domestic entities or foreign entities, or one or more surviving domestic entities or foreign entities; or

    (C) one or more surviving domestic entities or foreign entities and the creation of one or more new domestic entities or foreign entities. See Alabama Code 10A-1-1.03

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 10A-3-1.02
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 10A-5-1.02
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, or other organization, including, regardless of its organizational form, a bank, insurance company, credit union, and savings and loan association, whether for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • person: An individual, including the estate of an incompetent or deceased individual, or an entity, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • PRINCIPAL OFFICE: The office, in or out of this state, where the principal executive office, whether referred to as the principal executive office, chief executive office, or otherwise, of an entity is located. See Alabama Code 10A-1-1.03
  • Probate: Proving a will
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • QUALIFIED PERSON: With respect to any domestic professional corporation:

    a. See Alabama Code 10A-4-1.03

  • QUALIFIED STATE: Any state, other than Alabama, or territory of the United States or the District of Columbia which allows individuals authorized to render professional services in Alabama and not in the other state, or partnerships of the individuals, or domestic professional corporations or professional associations owned by the individuals to own shares of professional corporations or to be members of professional associations organized under its laws. See Alabama Code 10A-4-1.03
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.