§ 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.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • board: means the civil service board created by this part; "appointing authority" means in the case of employees in the offices of the elected officers of the city, such elected officers in the case of all other city employees, the city governing body, or board or other agency supervising their work. See Alabama Code 45-8A-130.01
  • Chambers: A judge's office.
  • city: means the City of Weaver in Calhoun County; "employee" means any person including public works employees, assistant city clerk, city clerk and policemen, not excepted by Section 45-8A-130. See Alabama Code 45-8A-130.01
  • Conviction: A judgement of guilt against a criminal defendant.
  • Decedent: A deceased person.
  • 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.
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • preceding: means next before. See Alabama Code 1-1-1
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.