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Section 2A:67-13 - Who may prosecute writ.

NJ Rev Stat § 2A:67-13 (2019) (N/A)
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2A:67-13 Who may prosecute writ.

2A:67-13. Except as provided in N.J.S.2A:67-14, a person may prosecute a writ of habeas corpus, in accordance with this chapter, to inquire into the cause of the person's imprisonment or restraint, if the person is:

a. committed, detained, confined, or restrained of liberty, within this State, for a criminal or supposed criminal matter;

b. in custody by virtue of civil process issued out of a court in this State;

c. committed, detained, confined, or restrained of liberty, within this State, under any pretense;

d. in confinement on a charge of a criminal offense, which is of a bailable nature, for the purpose of posting bail; or

e. confined in a psychiatric facility, for the purpose of determining whether the person is in need of commitment to treatment.

f. (Deleted by amendment, P.L.2013, c.103)

g. (Deleted by amendment, P.L.2013, c.103)

h. (Deleted by amendment, P.L.2013, c.103)

If sufficient cause appears, the complaint may be filed and the writ may be prosecuted by another on behalf of the person entitled to prosecute the writ.

amended 2013, c.103, s.11.

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