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Ind. Code § 34-25.5-3-5

Return of writ; requisites

Applied in 1 court decision — leading case Derek Hale v. State of Indiana (2013)

Most recently applied in Derek Hale v. State of Indiana (August 2013)

As added by P.L.1-1998, SEC.21.

Sec. 5. The return must be signed and verified by the person making it, who shall state the following:

(1) The authority or cause of the restraint of the applicant in the custody of the person to whom the writ is directed.

(2) If the authority is in writing, the person to whom the writ is directed shall return a copy and produce the original at the hearing.

(3) If the person to whom the writ is directed has had the applicant in custody or under restraint, and has transferred the applicant to another, the person to whom the writ is directed shall state to whom, the time, place, and cause of the applicant’s transfer.

The person to whom the writ is directed shall produce the applicant at the hearing unless prevented by sickness or infirmity, which must be shown in the return.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.