2010 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 25.5. SPECIAL PROCEEDINGS: HABEAS CORPUS
CHAPTER 5. ISSUANCE OF WRIT

IC 34-25.5-5
     Chapter 5. Issuance of Writ

IC 34-25.5-5-1
Limitation on questioning legality of judgment or process
     Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases:
        (1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction.
        (2) Upon any process issued on a final judgment of a court of competent jurisdiction.
        (3) For any contempt of any court, officer, or body with authority to commit.
        (4) Upon a warrant issued from the circuit court upon an indictment or information.
    (b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-5-2
When persons not to be discharged from order of commitment
     Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer:
        (1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or
        (2) for alleged want of probable cause.
    (b) In cases described in subsection (a), the court or judge shall:
        (1) summon the prosecuting witnesses;
        (2) investigate the criminal charge;
        (3) discharge, let to bail, or recommit the prisoner, as may be just and legal; and
        (4) recognize witnesses when proper.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-5-3
Writ issued to let a prisoner to bail
     Sec. 3. The writ may be used for the purpose of letting a prisoner to bail in civil and criminal actions.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-5-4
Notice of discharge to person having interest in detention of prisoner
     Sec. 4. When any person has an interest in the detention, the prisoner shall not be discharged until the person having an interest in the detention is notified.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-5-5
Immunity of sheriff or officer obeying writ or order of discharge
     Sec. 5. A sheriff or other officer shall not be liable to a civil action for obeying a writ of habeas corpus or an order of discharge made pursuant to a writ of habeas corpus.
As added by P.L.1-1998, SEC.21.