North Dakota Code 32-22-03 – Application for writ – Contents – Verification
Application for the writ must be made by petition signed either by the person for whose relief it is intended or by some person in that person’s behalf, and must specify:
Terms Used In North Dakota Code 32-22-03
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
1. That the person in whose behalf the writ is applied for is imprisoned or restrained of the person’s liberty, the officer or person by whom the person is so confined or restrained, and the place where, naming all the parties if they are known, or describing them if they are not known.
2. The cause or pretense of such confinement or restraint according to the knowledge or belief of the party verifying the petition.
3. If the confinement or restraint is by virtue of any warrant, order, or process, a copy thereof shall be annexed, or it shall be averred because such person was removed or concealed before application, a demand of such copy could not be made, or that such demand was made and the legal fees therefor tendered to the officer or person having such person in custody, and that such copy was refused.
4. If the imprisonment is alleged to be illegal, the petition shall state in what the illegality consists.
The petition must be verified by the oath or affirmation of the person making the application.