Ohio Revised Code Chapter 2725 - Habeas Corpus
- Section 2725.01 - Persons Entitled To Writ Of Habeas Corpus.
Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute...
- Section 2725.02 - Courts Authorized To Grant Writ.
The writ of habeas corpus may be granted by the supreme court, court of appeals, court of common pleas, probate court, or by a...
- Section 2725.03 - Jurisdiction For Production Or Discharge Of Inmate Of Institution.
If a person restrained of his liberty is an inmate of a state benevolent or correctional institution, the location of which is fixed by...
- Section 2725.04 - Application For Writ.
Application for the writ of habeas corpus shall be by petition, signed and verified either by the party for whose relief it is intended,...
- Section 2725.05 - Writ Not Allowed.
If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by...
- Section 2725.06 - Writ Must Be Granted.
When a petition for a writ of habeas corpus is presented, if it appears that the writ ought to issue, a court or judge...
- Section 2725.07 - Clerk Shall Issue Writ.
When a writ of habeas corpus is granted, the clerk of the court which granted the writ shall forthwith issue said writ under the...
- Section 2725.08 - Designation Of Prisoner.
The person to be produced upon a writ of habeas corpus shall be designated by his name, if known, and if his name is...
- Section 2725.09 - Requisites Of Writ.
In case of confinement, imprisonment, or detention of a person by an officer, a writ of habeas corpus shall be directed to him, and...
- Section 2725.10 - Form Of Writ When Prisoner Not In Custody Of An Officer.
In case of confinement, imprisonment, or detention by a person not an officer, the writ of habeas corpus shall be in the following form:...
- Section 2725.11 - Service Of Writ.
The writ of habeas corpus may be served in any county by the sheriff of that or any other county or by a person...
- Section 2725.12 - Execution And Return Of Writ.
The officer or person to whom a writ of habeas corpus is directed shall convey the person imprisoned or detained, and named in the...
- Section 2725.13 - Return Of Writ To Another Judge.
When a writ of habeas corpus is issued by a court in session, if the court has adjourned when the writ is returned, it...
- Section 2725.14 - Contents Of The Return.
When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the...
- Section 2725.15 - Return Must Be Signed And Sworn To.
The return or statement referred to in section 2725.14 of the Revised Code shall be signed by the person who makes it, and shall...
- Section 2725.16 - Continuance Of Cause.
The court or judge to whom a writ of habeas corpus is returned, or the court into which it is adjourned, for good cause...
- Section 2725.17 - Discharge Of Prisoner.
When the judge has examined the cause of caption and detention of a person brought before him as provided in section 2725.12 of the...
- Section 2725.18 - Prisoner May Be Committed Or Let To Bail.
When the person brought before a judge under section 2725.12 of the Revised Code is confined or detained in a legal manner on a...
- Section 2725.19 - Mandatory Commitment For Capital Offense.
If a prisoner brought before a judge under section 2725.12 of the Revised Code was committed by a judge, and is plainly and specifically...
- Section 2725.20 - Return As Evidence Or Plea.
If a prisoner brought before a judge under section 2725.12 of the Revised Code is in custody under a warrant or commitment in pursuance...
- Section 2725.21 - Forfeiture By Clerk For Refusal To Issue Writ.
A clerk of a court who refuses to issue a writ of habeas corpus, after an allowance of such writ and a demand therefor,...
- Section 2725.22 - Failure To Obey Writ.
No person to whom a writ of habeas corpus is directed shall neglect or refuse to obey or make return of it according to...
- Section 2725.23 - Persons At Large Upon Writ Not To Be Again Imprisoned.
A person who is set at large upon a writ of habeas corpus shall not be imprisoned again for the same offense, unless by...
- Section 2725.24 - Prisoner Shall Not Be Removed From Custody Of One Officer To Another.
A person committed to prison, or in the custody of an officer for a criminal matter, shall not be removed therefrom into the custody...
- Section 2725.25 - [Repealed].
Effective Date: 10-01-1953; 2008 HB215 04-07-2009
- Section 2725.26 - Record Of Writs.
The proceedings upon a writ of habeas corpus must be recorded by the clerk of the court in which such proceedings were had, and...
- Section 2725.27 - Recovery Of Forfeitures - Limitations.
The forfeitures mentioned in sections 2725.21 to 2725.24 of the Revised Code may be recovered by the party aggrieved or the executors or administrators...
- Section 2725.28 - Fees And Costs.
The fees of officers and witnesses shall be taxed by the judge, on return of the proceedings on a writ of habeas corpus, and...
Last modified: October 10, 2016