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Current as of January 01, 2023 | Updated by Findlaw Staff
No writ of habeas corpus shall be disobeyed on account of any defect of form. It shall be sufficient--
(1) If the person having the custody of the party imprisoned or restrained be designated either by his name of office, if he have any, or by his own name, or, if both such names be unknown or uncertain, he may be described by an assumed appellation, and anyone who may be served with the writ shall be deemed the person to whom it is directed, although it may be directed to him by a wrong name, or description, or to another person.
(2) If the person who is directed to be produced be designated by name, or if his name be uncertain or unknown, he may be described by an assumed appellation or in any other way, so as to designate the person intended.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 17. Habeas Corpus § 17-11. Sufficiency of writ; defects of form immaterial - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-17-habeas-corpus/nc-gen-st-sect-17-11/
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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