Code of Alabama - Title 15: Criminal Procedure - Chapter 21 - Habeas Corpus

• Section 15-21-1 Persons entitled to prosecute writ - Generally
  Any person who is imprisoned or restrained of his liberty in the State of Alabama on any criminal charge or accusation or under any other...
• Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter into undertaking to keep the peace
  Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided...
• Section 15-21-3 Persons entitled to prosecute writ - Persons confined as insane
  Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when...
• Section 15-21-4 Application to be made by petition; contents of petition
  Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or...
• Section 15-21-5 Description of party if name uncertain or unknown
  If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by...
• Section 15-21-6 To whom petition addressed
  (a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an...
• Section 15-21-7 When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge
  (a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is...
• Section 15-21-8 Writ to be granted without delay; to whom writ returnable
  (a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from...
• Section 15-21-9 Form of writ
  A writ of habeas corpus may be, in substance, as follows: The State of Alabama,) _________ County.) To the sheriff of _______ County (or other...
• Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient
  A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom it...
• Section 15-21-12 Notice to any other person having interest required
  If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or detained...
• Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice
  If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and detained...
• Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable
  (a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must,...
• Section 15-21-15 Subpoenas for witnesses
  (a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus...
• Section 15-21-16 Service of writ
  A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or...
• Section 15-21-17 When return to be made; form and contents of return
  (a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified...
• Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception
  At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according...
• Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity
  When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court...
• Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail
  (a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and...
• Section 15-21-21 When party to be discharged or remanded
  Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must...
• Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail
  (a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is...
• Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into
  On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order,...
• Section 15-21-24 Grounds for discharge of person in custody under process legally issued
  If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the...
• Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment irregular
  In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such...
• Section 15-21-26 Reimprisonment for same cause after discharge
  When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless...
• Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action for damages
  Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the...
• Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc
  Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any...
• Section 15-21-30 Attachment to compel obedience and punish for contempt
  (a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on...
• Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of writ
  Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before...
• Section 15-21-32 Proceedings against defaulting witnesses
  If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus...
• Section 15-21-33 Taxation and collection of fees and costs of witnesses
  (a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill...
• Section 15-21-34 Summoning and compensation of guards to convey prisoner
  (a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person...

Last modified: May 3, 2021