§ 9-14-13.Production of legal process
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-14-13
Plain-English Summary
When a respondent’s return justifies holding someone by pointing to legal process — a warrant, a court order, a commitment, or similar authority — this section requires backing that claim up with the document itself. It is not enough to assert that lawful process supports the detention; the process has to be produced and submitted to the judge at the hearing.
This requirement connects back to Code Section 9-14-3, which asks a petitioner to attach a copy of any legal process behind the restraint if the petitioner can get one. This section places the parallel burden on the respondent side of the case: whoever is relying on legal process to justify detention must bring it forward for the judge’s own examination, rather than describing it secondhand.
Producing the process at the hearing lets the judge examine it directly for the kind of defects addressed elsewhere in this chapter — whether it substantially conforms to legal requirements, whether it names the right person, and whether the detaining authority acted within its jurisdiction.
Frequently Asked Questions
What must be produced when detention is justified by legal process?
The legal process itself — the warrant, order, or other document that authorizes the detention.
When must the legal process be submitted?
At the hearing of the return, before the judge presiding over the habeas case.
Is it enough for the respondent to describe the legal process without producing it?
No. The statute requires the process to be produced and submitted, not merely described.
How does this section relate to the petition requirements in Code Section 9-14-3?
Code Section 9-14-3 asks the petitioner to attach any legal process behind the restraint if obtainable; this section places a parallel duty on the respondent to produce that process at the hearing.
Why does the judge need to see the legal process directly?
To examine it for defects that matter under this chapter, such as whether it substantially conforms to legal requirements or correctly names the detained person.
Amendment History
Orig. Code 1863, § 3919; Code 1868, § 3943; Code 1873, § 4019; Code 1882, § 4019; Penal Code 1895, § 1220; Penal Code 1910, § 1301; Code 1933, § 50-112.