2019 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-2815 Applicant in custody of person not an officer; form of writ.
29-2815. Applicant in custody of person not an officer; form of writ.
In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:
The State of Nebraska,
ss.
.............. County,
The People of the State of Nebraska to the Sheriff of such county, greeting:
We command you, that the body of .................., of ..............., by .................. of ............. imprisoned and restrained of his or her liberty, as it is said, you take and have before .................., a judge of our ............ court ................, or, in case of his or her absence or disability, before some other judge of the same court at .................., to do and receive what our judge shall then and there consider ................. concerning him or her in his or her behalf, and summon ................... then and there to appear before our judge to show the cause of the taking and detaining .................; and have you there this writ, with your doings thereon.
Witness ................., at ................, this ......... day of .............., in the year ...... .
Source
- G.S.1873, c. 58, § 367, p. 807;
- R.S.1913, § 9261;
- C.S.1922, § 10290;
- C.S.1929, § 29-2815;
- R.S.1943, § 29-2815;
- Laws 1988, LB 1030, § 29.
Annotations
Court may require person who is shown to have control of prisoner to produce him. Nebraska Children's Home Society v. State, 57 Neb. 765, 78 N.W. 267 (1899).
