Writs of habeas corpus may be granted by any court of record in term time, or by a judge of any such court, either in term or vacation; and upon application the writ shall be granted without delay.
§ 1333.Courts Which May Grant Writ - Grant Without Delay
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1333 authorizes any court of record, or any judge of such a court sitting in term or in vacation, to grant a writ of habeas corpus, and requires the writ to issue without delay once applied for.
Full Text of § 1333
Amendment History
R.L. 1910, § 4884.
Plain-English Summary
Habeas corpus relief isn't limited to a single court or a single time of year. Section 1333 lets any court of record grant the writ while in session, and lets a judge of that court grant it even during a recess between terms.
Once an application is made, the statute doesn't allow the court to sit on it - the writ must be granted without delay.
Frequently Asked Questions
Can a judge issue the writ when court isn't in session?
Yes. Section 1333 lets a judge grant the writ in vacation, not just during term.
Which courts have authority to grant the writ?
Any court of record can grant it, along with any judge of that court.
How fast must the court act once someone applies?
The statute requires the writ to be granted without delay upon application.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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