TITLE 46. CRIMINAL PROCEDURE

CHAPTER 22. HABEAS CORPUS

Part 2. Issuance of Writ

Service Of Writ

46-22-206. Service of writ. (1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.

(2) The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.

(3) The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.

History: En. 95-2708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2708; amd. Sec. 240, Ch. 800, L. 1991.