North Dakota Code 32-22-11 – What the return must set forth
The person upon whom the writ is served must state in the person’s return, plainly and unequivocally:
Terms Used In North Dakota Code 32-22-11
- 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: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. Whether that person has or has not the party in custody or under power or restraint.
2. If that person has the party in custody or power or under restraint, that person must state the authority and cause of such imprisonment or restraint.
3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return and the original produced and exhibited to the court on the hearing of such return.
4. If the person upon whom the writ is served had the party in the person’s custody or power or under the person’s restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place.
5. The return must be signed by the person making the same, and, except when such person is a sworn public officer and makes such return in an official capacity, it must be verified by the officer’s oath or affirmation.