Michigan Compiled Laws 236-1961-43 Chapter 43 Habeas Corpus (600.4301...600.4387)

• Section 600.4301 Habeas Corpus; Provisions Of Chapter; Applicability.
  The provisions of sections 4301 to 4379 shall be construed to apply to every writ of habeas corpus authorized to be issued under any...
• Section 600.4304 Habeas Corpus; Power To Issue Writ.
  The writ of habeas corpus to inquire into the cause of detention, or an order to show cause why the writ should not issue,...
• Section 600.4307 Habeas Corpus; Right To Bring Action.
  An action for habeas corpus to inquire into the cause of detention may be brought by or on the behalf of any person restrained...
• Section 600.4310 Habeas Corpus; Persons Not Entitled To Writ.
  An action for habeas corpus to inquire into the cause of detention may not be brought by or on behalf of the following persons:...
• Section 600.4313 Habeas Corpus; Refusal To Consider; Malfeasance Of Judge.
  Any judge who wilfully or corruptly refuses or neglects to consider an application, action, or motion for habeas corpus, is guilty of malfeasance in...
• Section 600.4316 Habeas Corpus; Granting Of Writ.
  Any court or judge empowered to grant the writ of habeas corpus shall, upon proper application, grant the preliminary writ (or an order to...
• Section 600.4319 Habeas Corpus; Custody Of Child.
  If the action for habeas corpus is brought by a parent, foster-parent, or other relative of the child, to obtain custody of a child...
• Section 600.4322 Habeas Corpus; “prisoner” Defined.
  The term “prisoner”, as used in connection with habeas corpus, means the person on whose behalf the writ is issued, such as an inmate...
• Section 600.4325 Habeas Corpus; Person Served; Duty To Bring Body Of Prisoner.
  If a writ of habeas corpus is issued, the person on whom it is served shall bring the body of the person in his...
• Section 600.4328 Habeas Corpus; Sickness Or Infirmity Of Prisoner.
  If, from the sickness or infirmity of the prisoner directed to be produced by any writ of habeas corpus, the prisoner cannot, without danger,...
• Section 600.4331 Habeas Corpus; Refusal Or Neglect To Obey; Arrest; Close Custody; Proceeding Against Sheriff; Prisoner To Be Brought Before Court; Power Of County.
  (1) If the person upon whom the writ of habeas corpus was duly served refuses or neglects to obey the writ without sufficient excuse,...
• Section 600.4334 Arrest In Support Of Writ.
  If any person attempts wrongfully to carry the prisoner out of the county or state after service of a writ of habeas corpus or...
• Section 600.4337 Warrant For Prisoner In Lieu Of Habeas Corpus; Issuance.
  Whenever it appears by satisfactory proof, that anyone is held in illegal confinement or custody, and that there is good reason to believe that...
• Section 600.4340 Arrest Of Person Having Custody Of Prisoner; Warrant.
  When the proof mentioned in section 4337 is sufficient to justify an arrest of the person having the prisoner in his custody, as for...
• Section 600.4343 Arrest Of Person Having Custody Of Prisoner; Execution Of Warrant.
  Any officer or person to whom the warrant is directed shall execute the warrant by bringing the prisoner therein named, and the person who...
• Section 600.4346 Arrest Of Person Having Custody Of Prisoner; Procedure.
  If the person having the prisoner in his custody is brought before the court or judge, as for a criminal offense, he shall be...
• Section 600.4349 Custody Of Prisoner.
  The court or judge issuing the writ of habeas corpus may commit the prisoner to the custody of such individual or individuals as the...
• Section 600.4352 Discharge Of Prisoner; Enforcement Of Order; Obedience By Sheriff Or Other Custodian.
  (1) If no legal cause is shown for the restraint, or for the continuation thereof, the court or judge shall discharge the person restrained...
• Section 600.4355 Remanding Of Prisoner.
  The court or judge shall forthwith remand the person restrained if the person restrained is detained in custody, either: (1) By virtue of process...
• Section 600.4358 Discharge Of Prisoner In Civil Cases.
  If the prisoner is in custody by virtue of civil process from any court legally constituted, or issued by any officer in the course...
• Section 600.4361 Remanding Or Commitment Of Prisoner.
  If the prisoner is not entitled to his discharge, and is not bailed, the court or judge shall place him under the restraint from...
• Section 600.4364 Recommitment Of Prisoner; Causes.
  No person who has been discharged by the order of any court or judge upon habeas corpus shall be again restrained for the same...
• Section 600.4367 Recommitment Of Prisoner; Violation Of Section; Penalty.
  If any person knowingly: (1) violates section 4364, or (2) causes section 4364 to be violated, or (3) aids or assists in the violation...
• Section 600.4370 Concealment Of Prisoner; Misdemeanor.
  Any one having under his power any person who would be entitled to a writ of habeas corpus to inquire into the cause of...
• Section 600.4373 Concealment Of Prisoner; Aiding; Misdemeanor.
  Every person who knowingly aids or assists in the violation of section 4370 is guilty of a misdemeanor. History: 1961, Act 236, Eff. Jan....
• Section 600.4376 Concealment Of Prisoner; Misdemeanor; Penalty.
  Every person convicted of any of the misdemeanors specified in sections 4367, 4370 and 4373 shall be punished by a fine not exceeding $1,000.00,...
• Section 600.4379 Refusal To Deliver Copy Of Authority For Detention Of Prisoner; Time; Civil Liability.
  Any officer or other person who refuses or neglects for 6 hours to deliver a copy of any order, warrant, process or other authority...
• Section 600.4385 Habeas Corpus For Witness; Issuance; Transfer Of Prisoner.
  (1) The judges of every court of record have the power to issue a writ of habeas corpus for the purpose of bringing before...
• Section 600.4387 Habeas Corpus; Liability Of Officer For Disobedience To Writ.
  Whenever any writ of habeas corpus is issued pursuant to section 4385, the officer on whom the writ is served shall obey the writ...

Last modified: October 10, 2016