North Dakota Code 32-22-43 – Writ may issue for witness or for surrender of principal in discharge of bail – Liability of jailer – Costs
The supreme court or any district court within this state, or any judge of any such court, may issue a writ of habeas corpus to bring the body of any person confined in any jail in the state before such court or judge to testify or to be surrendered in discharge of bail. Where a writ is issued for any such purpose and the witness or principal sought is confined in any jail in a county other than the county in which such person is to be surrendered, or to which such person is to be removed, and where such writ is executed and returned by an officer to whom it is directed, the jailer from whose custody such person is taken shall be exonerated from liability for an escape if:
Terms Used In North Dakota Code 32-22-43
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- 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. The court or judge issuing the writ shall make an order directing the return of such person to the custody of such jailer.
2. An attested copy of such order is delivered to the said jailer.
3. The officer to whom the writ was directed shall return such person pursuant to the said order after the execution of the writ.
The party praying out such writ of habeas corpus shall pay to the officer executing the same such reasonable sum for the officer’s services as shall be adjudged by the court.