The court or judge to whom the complaint is made may issue an order directing the
person by whom the party is imprisoned or restrained, to appear and show cause for
the imprisonment or restraint at such time as the court shall direct, but not later
than five days from the date of the order to show cause; provided that whenever the
record shows that there is a material issue of fact to be resolved by the taking of
evidence the court shall order that the person detained be produced for the hearing.
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