Chapter 589 — Writ of Habeas Corpus; Who May Apply

589.01 Writ of Habeas Corpus; Who May Apply Any person who is locked up or held against their will can ask for a writ of habeas corpus to be set free. However, this … 589.011 Definitions This section defines key terms used in the habeas corpus chapter. A 'detaining authority' is any government agency, … 589.02 Petition; to Whom and How Made A person seeking a writ of habeas corpus files a petition with the Minnesota Supreme Court, Court of Appeals, or the … 589.03 Application for Writ in Another County; Proof Required When someone applies for a writ of habeas corpus from a judge outside the county where they are held, they must show why … 589.04 Statements in Petition A habeas corpus petition must include specific information: who is being held, who is holding them, where they are being … 589.05 Form of Writ; Requirements This section provides the official form for a writ of habeas corpus. The writ must be issued under the court seal and … 589.06 Contents of Writ; When Sufficient A writ of habeas corpus cannot be ignored just because it has minor errors in its form. As long as the writ identifies … 589.07 Refusal to Grant; Penalty If a judge who has the authority to issue a writ of habeas corpus willfully refuses to do so when a valid application is … 589.08 Return to Writ; Content Requirements When a detaining authority receives a writ of habeas corpus, they must file a written return explaining whether they are … 589.09 Producing Person Required Except When Sick The person served with a writ of habeas corpus must physically bring the detained person to the judge named in the writ. … 589.10 Enforcing the Writ If a person who receives a writ of habeas corpus refuses to produce the detained person and does not have a good excuse, … 589.11 Petitioner Held in Custody by Sheriff When a judge issues an attachment to enforce a habeas corpus writ, the judge may also order the sheriff to bring the … 589.12 Proceedings on Return of Writ Once the detaining authority files the return and brings the detained person to court, the judge must immediately … 589.13 Discharging Petitioner If the judge determines there is no legal basis for holding the person, the judge must order the person released … 589.14 Sending Petitioner Back to Custody The judge must send the detained person back to custody if they are being held under a federal court order, a final … 589.15 Discharging Petitioner Held Under Civil Process A person held under a valid civil court order can only be released through habeas corpus in limited situations. These … 589.16 When Bail or Remand or Discharge Allowed If the detained person was properly committed for a crime, or if testimony shows they are guilty, the judge can allow … 589.17 Requiring Petitioner to Be Held in Custody Until Judgment While the judge is deciding the habeas corpus case, the detained person can be placed in the custody of the county … 589.18 Notice Must Be Given to County Attorney or Attorney General In criminal cases, the county attorney or attorney general must be notified about when and where the habeas corpus … 589.19 Denial of Return; New Matter At the habeas corpus hearing, the detained person can challenge the facts stated in the detaining authority's return by … 589.20 Proceedings in Case of Sickness of Petitioner If the detained person is too sick to safely appear in court, the detaining authority can state this in their return. If … 589.21 Enforcing Order of Discharge If a detaining authority refuses to release a person after the judge orders their discharge, the judge can use an … 589.22 Conditions Under Which Discharged Petitioner May Be Incarcerated A person who has been freed through habeas corpus generally cannot be locked up again for the same conduct. However, … 589.23 Transferring or Concealing Person; Forfeiture It is illegal for a person holding a detainee to transfer them to someone else, hide them, or move them to a different … 589.24 Refusing to Furnish Copy of Document Authorizing Detention Any officer or person holding someone in detention must provide a copy of the warrant, order, or other legal authority … 589.25 Person Serving Writ; Bond Only a legal voter of Minnesota can serve a writ of habeas corpus. The judge who issues the writ can require the person … 589.26 Manner of Service of Writ A writ of habeas corpus is served by delivering it directly to the person holding the detainee. If that person cannot be … 589.27 When Return to Writ Must Be Made If the writ names a specific return date, the detaining authority must respond and produce the person by that date. If … 589.28 Power of Court Not Restrained This section makes clear that the habeas corpus rules do not limit a court's power to bring an inmate before it for … 589.29 Appeals Either side in a habeas corpus case can appeal the final order to the Minnesota Court of Appeals, following the same … 589.30 Hearing on Appeal; Costs; Papers Either party in a habeas corpus case can apply to the Court of Appeals for a hearing on appeal. The hearing must take … 589.35 Release of Institutionalized Persons for Judicial Purposes A court can order a prison, state hospital, or other institution to temporarily release a person for a court appearance. …