Florida Statutes Title VI Chapter 79 - Habeas Corpus

  • 79.01 - Application And Writ.
    When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to...
  • 79.02 - Bond May Be Required.
    When it appears necessary, the court, justice, or judge granting the writ shall require bond with surety to be approved by the judge or clerk...
  • 79.03 - Service Of Writ.
    When issued, the writ shall be served by the sheriff of the county in which the petitioner is alleged to be detained on the officer...
  • 79.04 - Return To Writ.
    (1) The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, justice...
  • 79.05 - Compelling Return And Production Of Body.
    (1) CIVIL LIABILITY.—Any person failing to return to the writ served on him or her with the cause of the prisoner’s detention, or to bring the...
  • 79.06 - Effect Of The Return.
    (1) GENERALLY.—The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice or judge...
  • 79.07 - Procurement Of Evidence.
    When it is inconvenient to procure the personal attendance of a witness, the witness’s affidavit, taken upon reasonable notice to the adverse party, may be...
  • 79.071 - Notice To Prosecutor.
    If the validity of any statute, criminal law proceeding or conviction is attacked by habeas corpus in the circuit court, notice of the application for...
  • 79.08 - Hearing And Judgment.
    The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner’s imprisonment, and shall either...
  • 79.09 - Filing Of Papers.
    Before a circuit judge the petition and the papers shall be filed with the clerk of the circuit court of the county in which the...
  • 79.10 - Effect Of Judgment.
    The judgment is conclusive until reversed and no person remanded by the judgment while it continues in force shall be at liberty to obtain another...
  • 79.12 - Trial Of Accused Pending Appeal.
    When in any criminal prosecution a writ of habeas corpus is applied for by any person charged with any criminal offense and the accused has...

Last modified: September 23, 2016