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Current as of January 01, 2025 | Updated by Findlaw Staff
If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases:
(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;
(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the person is entitled to be discharged;
(3) if the process is defective in some matter of substance required by law, rendering it void;
(4) if the process, though in proper form, has been issued in a case not allowed by law;
(5) if the person having the custody of the petitioner under the process is not the person empowered by law to detain the petitioner; or
(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.
Cite this article: FindLaw.com - Minnesota Statutes Extraordinary Writs; Contempt; Postconviction Relief (Ch. 585-590) § 589.15. Discharging petitioner held under civil process - last updated January 01, 2025 | https://codes.findlaw.com/mn/extraordinary-writs-contempt-postconviction-relief-ch-585-590/mn-st-sect-589-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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