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North Dakota Century Code Title 32. Judicial Remedies § 32-22-27. When person discharged may be arrested again

Current as of January 01, 2024 | Updated by FindLaw Staff

No person who has been discharged by the order of the court upon habeas corpus can be imprisoned again or kept in custody for the same cause, except in any of the following cases:

1. If the person has been discharged from custody on a criminal charge and is committed afterwards for the same offense, by legal order or process.

2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal action, the accused is arrested again on sufficient proof and committed by legal process for the same offense.

3. If in a civil action the party has been discharged for any illegality in the order, judgment, or process and afterwards is imprisoned by legal process for the same claim for relief.

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Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-22-27. When person discharged may be arrested again - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-22-27/

Read this complete North Dakota Century Code Title 32. Judicial Remedies § 32-22-27. When person discharged may be arrested again on Westlaw

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