2012 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 25.5. SPECIAL PROCEEDINGS: HABEAS CORPUS
CHAPTER 4. HEARINGS
IC 34-25.5-4Chapter 4. Hearings
IC 34-25.5-4-1
Sickness or infirmity of applicant; procedure
Sec. 1. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity under IC 34-25.5-3-5, may:
(1) proceed to decide on the return; or
(2) adjourn the hearing:
(A) until the party can be produced; or
(B) for other good cause.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-4-2
Return of writ; proceedings and pleadings
Sec. 2. The applicant may:
(1) except to the sufficiency of, or controvert the return, or any part of the return; or
(2) allege any new matter in avoidance.
The new matter must be verified except in cases of commitment on a criminal charge. The return and pleadings may be amended without causing any delay.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-4-3
Summary hearings
Sec. 3. The court or judge shall proceed in a summary way to hear and determine the cause. If no legal cause is shown for the restraint or for the continuation of the restraint, the court shall discharge the applicant.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-4-4
Powers of court or judge
Sec. 4. The court or judge may require and compel the attendance of witnesses and do all other acts necessary to determine the case.
As added by P.L.1-1998, SEC.21.
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