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34-25.5-3-5. Return of writ; requisites

IN Code § 34-25.5-3-5 (2019) (N/A)
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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.

[Pre-1998 Recodification Citation: 34-1-57-10.]

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

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34-25.5-3-4. Return of writ required
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34-25.5-3-6. Issuance of writ or process by clerk of court; time for service and return