The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuance thereof, shall discharge the party.
§ 1341.Hearing and Discharge
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1341 requires the court or judge to hear and decide a habeas corpus case in a summary way and to discharge the restrained person when no legal cause for the restraint, or its continuance, is shown.
Full Text of § 1341
Amendment History
R.L. 1910, § 4892.
Plain-English Summary
Section 1341 describes the heart of a habeas corpus hearing. The court or judge proceeds in a summary way - meaning quickly and without the full formality of an ordinary civil trial - to hear and determine the case.
If nobody shows a legal cause for the restraint, or for continuing it, the court must discharge the person.
Frequently Asked Questions
What does a "summary" hearing mean here?
It means the court hears and decides the case in an expedited, streamlined way rather than through a full civil trial.
When must the court release the person?
When no legal cause is shown for the restraint or for continuing it.
Who has to show a legal cause for the restraint?
The statute doesn't assign the burden explicitly, but the return filed under Sections 1338 and 1339 is where the custodian states that cause.
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
Also known as: habeas corpus hearing oklahomasummary hearing dischargewhen is prisoner discharged habeas corpus