North Dakota Code 32-22-08 – Writ of habeas corpus – Form
Every writ of habeas corpus issued under the provisions of this chapter shall be in substantially the following form:
Terms Used In North Dakota Code 32-22-08
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- 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.
- seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
- 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: 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.
State of North Dakota ) ) ss.
County of ) The state of North Dakota to the sheriff of etc. (or to ):
You are hereby commanded to have by you imprisoned and detained, as is alleged, together with the time and cause of such imprisonment and detention, by whatever name the said shall be called or charged, before , judge of the district court, (or before the district or supreme court, as the case may be), at (naming the place), on (naming the date), (or immediately upon the receipt of this writ), to do and receive what shall then and there be considered concerning the said , and have you then and there this writ.
Witness, etc.
Such writ must be endorsed “By the Habeas Corpus Act”, and if issued by the court, it shall be under the seal of the court, and if by the judge, it shall be under the judge’s hand.