1. At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so.
  2. If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required.
  3. Terms Used In Tennessee Code 29-21-117

    • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
    • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
    • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    • 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

  4. The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances.

Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§ 9696-9698; T.C.A. (orig. ed.), § 23-1825.

Collateral References. 39 Am. Jur. 2d Habeas Corpus § 144.

39A C.J.S. Habeas Corpus § 185.

Habeas corpus 82.