North Dakota Code 32-22-06 – Application to supreme court for writ of habeas corpus
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When, upon application to the supreme court for a writ of habeas corpus, it is apparent that no necessity exists for its immediate issuance, and a district court has entertained an application for the writ, and, upon hearing, quashed it, the supreme court will require all the papers, including the application and supporting affidavits, the return and supporting affidavits, and the order of such lower court, to accompany the application made to said court. In emergency cases, the foregoing requirement may be waived.
Terms Used In North Dakota Code 32-22-06
- 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: 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.