§ 13-4121 Prosecution of writ
§ 13-4122 Application for writ
§ 13-4123 Granting of writ; remand of prisoner
§ 13-4124 Granting writ; time; bail
§ 13-4125 Direction of writ
§ 13-4126 Delivery and service of writ
§ 13-4127 Compelling obedience to writ
§ 13-4128 Return to writ
§ 13-4129 Production of prisoner; exception
§ 13-4130 Hearing on return
§ 13-4131 Discharge of prisoner
§ 13-4132 Discharge of prisoner held on process
§ 13-4133 Effect of defect in form
§ 13-4134 Defective process or commitment; re-examination
§ 13-4135 Writ to admit to bail
§ 13-4136 Remand of prisoner
§ 13-4137 Custody pending judgment
§ 13-4138 Disobedience of writ for defect of form
§ 13-4139 Finality of discharge; exceptions
§ 13-4140 Warrant for immediate production of person restrained or restraining; grounds
§ 13-4141 Execution of warrant; return and hearing
§ 13-4142 Issuance, service and return of writ or process; time; manner; duty of clerk
§ 13-4143 Charging fee in habeas corpus prohibited
§ 13-4144 Form of writ
§ 13-4145 Disobedience of command of writ; classification
§ 13-4147 Avoidance of command of writ; classification

Terms Used In Arizona Laws > Title 13 > Chapter 38 > Article 26 - Habeas Corpus

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • 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.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Oath: A promise to tell the truth.
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.