Chapter 17
44 published sections.
Article 1 - Constitutional Provisions
- N.C.G.S. § 17-1 — Remedy without delay for restraint of liberty.
- N.C.G.S. § 17-2 — Habeas corpus not to be suspended.
Article 2 - Application
- N.C.G.S. § 17-3 — Who may prosecute writ.
- N.C.G.S. § 17-4 — When application denied.
- N.C.G.S. § 17-5 — By whom application is made.
- N.C.G.S. § 17-6 — To judge of appellate division or superior court in writing.
- N.C.G.S. § 17-7 — Contents of application.
- N.C.G.S. § 17-8 — Issuance of writ without application.
Article 3 - Writ
- N.C.G.S. § 17-9 — Writ granted without delay.
- N.C.G.S. § 17-10 — Penalty for refusal to grant.
- N.C.G.S. § 17-11 — Sufficiency of writ; defects of form immaterial.
- N.C.G.S. § 17-12 — Service of writ.
Article 4 - Return
- N.C.G.S. § 17-13 — When writ returnable.
- N.C.G.S. § 17-14 — Contents of return; verification.
- N.C.G.S. § 17-15 — Production of body if required.
Article 5 - Enforcement of Writ
- N.C.G.S. § 17-16 — Attachment for failure to obey.
- N.C.G.S. § 17-17 — Liability of judge refusing attachment.
- N.C.G.S. § 17-18 — Attachment against sheriff to be directed to coroner; procedure.
- N.C.G.S. § 17-19 — Precept to bring up party detained.
- N.C.G.S. § 17-20 — Liability of judge refusing precept.
- N.C.G.S. § 17-21 — Liability of judge conniving at insufficient return.
- N.C.G.S. § 17-22 — Power of county to aid service.
- N.C.G.S. § 17-23 — Obedience to order of discharge compelled.
- N.C.G.S. § 17-24 — No civil liability for obedience.
- N.C.G.S. § 17-25 — Recommittal after discharge; penalty.
- N.C.G.S. § 17-26 — Disobedience to writ or refusing copy of process; penalty.
- N.C.G.S. § 17-27 — Penalty for false return.
- N.C.G.S. § 17-28 — Penalty for concealing party entitled to writ.
Article 6 - Proceedings and Judgment
- N.C.G.S. § 17-29 — Notice to interested parties.
- N.C.G.S. § 17-30 — Notice to district attorney.
- N.C.G.S. § 17-31 — Subpoenas to witnesses.
- N.C.G.S. § 17-32 — Proceedings on return; facts examined; summary hearing of issues.
- N.C.G.S. § 17-33 — When party discharged.
- N.C.G.S. § 17-34 — When party remanded.
- N.C.G.S. § 17-35 — When the party bailed or remanded.
- N.C.G.S. § 17-36 — Party held in execution not to be discharged.
- N.C.G.S. § 17-37 — When party ill, cause determined in his absence.
- N.C.G.S. § 17-38 — No second committal after discharge; penalty.
Article 8 - Habeas Corpus Ad Testificandum
- N.C.G.S. § 17-41 — Authority to issue the writ.
- N.C.G.S. § 17-42 — Contents of application.
- N.C.G.S. § 17-43 — Service of writ.
- N.C.G.S. § 17-44 — Applicant to pay expenses and give bond to return.
- N.C.G.S. § 17-45 — Duty of officer to whom writ delivered or on whom served.
- N.C.G.S. § 17-46 — Prisoner to be remanded.