Indiana Code 34-25.5-2-2. Courts and judges authorized to grant writ
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Sec. 2. (a) Writs of habeas corpus may be granted by:
(2) if the judges described in subdivision (1) are:
(1) the circuit or superior courts of the county in which the person applying for the writ may be restrained of his or her liberty, or by the judges of those courts; or
Terms Used In Indiana Code 34-25.5-2-2
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(A) absent from their circuits; or
(B) by reason of sickness or other cause, unable or incompetent to hear and determine the application for the writ;
then by any judge of an adjoining circuit.
(b) Upon application, a writ granted under subsection (a) shall be granted without delay.
[Pre-1998 Recodification Citation: 34-1-57-3.]
As added by P.L.1-1998, SEC.21.