TITLE 46. CRIMINAL PROCEDURE

CHAPTER 22. HABEAS CORPUS

Part 2. Issuance of Writ

Granting Writ Of Habeas Corpus

46-22-202. Granting writ of habeas corpus. (1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction.

(2) When a writ of habeas corpus is issued, it may be made returnable before the issuing court.

History: En. 95-2704 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2704; amd. Sec. 26, Ch. 116, L. 1979; amd. Sec. 236, Ch. 800, L. 1991.