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Current as of January 01, 2024 | Updated by Findlaw Staff
The person upon whom the writ is served must state in the person's return, plainly and unequivocally:
1. Whether that person has or has not the party in custody or under power or restraint.
2. If that person has the party in custody or power or under restraint, that person must state the authority and cause of such imprisonment or restraint.
3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return and the original produced and exhibited to the court on the hearing of such return.
4. If the person upon whom the writ is served had the party in the person's custody or power or under the person's restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place.
5. The return must be signed by the person making the same, and, except when such person is a sworn public officer and makes such return in an official capacity, it must be verified by the officer's oath or affirmation.
Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-22-11. What the return must set forth - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-22-11/
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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