Section 589.03 Application for Writ in Another County; Proof Required
589.03 APPLICATION FOR WRIT IN ANOTHER COUNTY; PROOF REQUIRED.
When application for a writ of habeas corpus is made to a judge whose chambers are not located within the county where the prisoner is detained, that judge shall require proof, by the oath of the applicant or other evidence:
(1) that there is no judge in the detaining county authorized to grant the writ;
(2) that judges authorized to grant the writ are absent from the detaining county;
(3) that judges in the detaining county for reasons specified are incapable of acting; or
(4) that judges in the detaining county have refused to grant the writ.
If the proof required by this section is not produced, the application must be denied.
History:
(9741) RL s 4575; 1985 c 265 art 9 s 1