There is a newer version of the North Carolina General Statutes
2009 North Carolina Code
Chapter 17 - Habeas Corpus.
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Article 1 - Constitutional Provisions.
- § 17-1. Remedy without delay for restraint of liberty.
- § 17-2. Habeas corpus not to be suspended. Article 2 - Application.
- § 17-3. Who may prosecute writ.
- § 17-4. When application denied.
- § 17-5. By whom application is made.
- § 17-6. To judge of appellate division or superior court in writing.
- § 17-7. Contents of application.
- § 17-8. Issuance of writ without application. Article 3 - Writ.
- § 17-9. Writ granted without delay.
- § 17-10. Penalty for refusal to grant.
- § 17-11. Sufficiency of writ; defects of form immaterial.
- § 17-12. Service of writ. Article 4 - Return.
- § 17-13. When writ returnable.
- § 17-14. Contents of return; verification.
- § 17-15. Production of body if required. Article 5 - Enforcement of Writ.
- § 17-16. Attachment for failure to obey.
- § 17-17. Liability of judge refusing attachment.
- § 17-18. Attachment against sheriff to be directed to coroner; procedure.
- § 17-19. Precept to bring up party detained.
- § 17-20. Liability of judge refusing precept.
- § 17-21. Liability of judge conniving at insufficient return.
- § 17-22. Power of county to aid service.
- § 17-23. Obedience to order of discharge compelled.
- § 17-24. No civil liability for obedience.
- § 17-25. Recommittal after discharge; penalty.
- § 17-26. Disobedience to writ or refusing copy of process; penalty.
- § 17-27. Penalty for false return.
- § 17-28. Penalty for concealing party entitled to writ. Article 6 - Proceedings and Judgment.
- § 17-29. Notice to interested parties.
- § 17-30. Notice to district attorney.
- § 17-31. Subpoenas to witnesses.
- § 17-32. Proceedings on return; facts examined; summary hearing of issues.
- § 17-33. When party discharged.
- § 17-34. When party remanded.
- § 17-35. When the party bailed or remanded.
- § 17-36. Party held in execution not to be discharged.
- § 17-37. When party ill, cause determined in his absence.
- § 17-38. No second committal after discharge; penalty. Article 7 - Habeas Corpus for Custody of Children in Certain Cases.
- §§ 17-39 through 17-40. Repealed by Session Laws 1967, c. 1153, s. 1. Article 8 - Habeas Corpus Ad Testificandum.
- § 17-41. Authority to issue the writ.
- § 17-42. Contents of application.
- § 17-43. Service of writ.
- § 17-44. Applicant to pay expenses and give bond to return.
- § 17-45. Duty of officer to whom writ delivered or on whom served.
- § 17-46. Prisoner to be remanded.
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