North Dakota Code 27-02-16 – Issuance and return of writs by supreme court
The supreme court, subject to such regulations and conditions as it may prescribe, always must be open for the issuance and return of all writs and process which it may lawfully issue and for the hearing and determination of the same. Any judge of said court may order the issuance of any such writ or process and prescribe the time and manner of service and the time and place of return of the same. In cases of habeas corpus, the judge of the supreme court who issues or causes the writ to issue may direct that the writ must be made returnable and must be heard and determined, either before the supreme court or any judge thereof, or before any district court of this state, or any judge of any district court of this state. Any district court or any judge thereof before whom any writ is made returnable as prescribed in this section is authorized to carry into complete execution all of its judgments, decrees, and determinations, subject to appeal as provided by law.
Terms Used In North Dakota Code 27-02-16
- 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.
- 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.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of the state or of a court or judicial officer. See North Dakota Code 1-01-49