Nebraska Statutes 29-2803. Habeas corpus; applicant; subpoena for witnesses
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Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person shall be confined, commanding him to summon the witness or witnesses therein named to appear before such judge or court, at the time and place when and where such habeas corpus shall be returnable. It shall be the duty of such sheriff to serve the subpoena, if possible, in time to enable such witness or witnesses to attend.
Source
- G.S.1873, c. 58, § 355, p. 804;
- R.S.1913, § 9249;
- C.S.1922, § 10278;
- C.S.1929, § 29-2803;
- R.S.1943, § 29-2803.
Terms Used In Nebraska Statutes 29-2803
- 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.
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Subpoena: A command to a witness to appear and give testimony.