Nebraska Statutes 29-2815. Applicant in custody of person not an officer; form of writ
In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:
Terms Used In Nebraska Statutes 29-2815
- 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
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Year: shall mean calendar year. See Nebraska Statutes 49-801
The State of Nebraska,
ss.
………….. County,
The People of the State of Nebraska to the Sheriff of such county, greeting:
We command you, that the body of ………………, of ……………, by ……………… of …………. imprisoned and restrained of his or her liberty, as it is said, you take and have before ………………, a judge of our ………… court ……………., or, in case of his or her absence or disability, before some other judge of the same court at ………………, to do and receive what our judge shall then and there consider …………….. concerning him or her in his or her behalf, and summon ………………. then and there to appear before our judge to show the cause of the taking and detaining ……………..; and have you there this writ, with your doings thereon.
Witness …………….., at ……………., this ……… day of ………….., in the year …… .
Source
- G.S.1873, c. 58, § 367, p. 807;
- R.S.1913, § 9261;
- C.S.1922, § 10290;
- C.S.1929, § 29-2815;
- R.S.1943, § 29-2815;
- Laws 1988, LB 1030, § 29.