No court or judge shall inquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following: First. Upon process issued by any court or judge of the United States, or where such court or judge has exclusive jurisdiction; or, Second. Upon any process issued on any final judgment of a court of competent jurisdiction; or, Third. For any contempt of any court, officer or body having authority to commit; but an order of commitment as for a contempt, upon proceedings to enforce the remedy of a party, is not included in any of the foregoing specifications; Fourth. Upon a warrant or commitment issued from the district court, or any other court of competent jurisdiction, upon an indictment or information.
§ 1342.Inquiry Into Legality of Judgment Or Process - Limitations
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1342 bars a court from questioning the legality of a judgment or process holding someone in custody, or discharging them before their commitment expires, when the custody rests on federal process, a final judgment, most contempt orders, or an indictment or information from a competent court.
Full Text of § 1342
Amendment History
R.L. 1910, § 4893.
Plain-English Summary
Habeas corpus isn't a substitute for an appeal. Section 1342 lists four situations where a court can't use the writ to question the legality of the judgment or process behind someone's custody, or discharge them before their term of commitment ends.
Those situations are: process issued by a federal court or judge, or by a court with exclusive jurisdiction; process issued on a final judgment from a court of competent jurisdiction; contempt of a court, officer, or body with authority to commit; and a warrant or commitment from the district court, or another competent court, on an indictment or information.
The contempt limitation has its own exception: an order committing someone for contempt doesn't fall under this bar when that contempt order was used to enforce a private party's remedy - a distinction the statute states directly.
Frequently Asked Questions
Can habeas corpus be used to challenge a final criminal conviction?
Not under Section 1342 - the writ can't be used to question the legality of process issued on a final judgment from a court of competent jurisdiction.
Does this apply to federal custody?
Yes. The statute bars inquiry into process issued by a court or judge of the United States, or by a court with exclusive jurisdiction.
What about someone held for contempt of court?
Generally the court can't inquire into it, but the statute carves out contempt orders used to enforce a party's remedy in a civil proceeding.
Does an indictment protect a commitment from habeas review?
Yes - a warrant or commitment from the district court, or another competent court, issued on an indictment or information falls within the bar.
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: limits on habeas corpus oklahomacan habeas corpus overturn a convictionhabeas corpus final judgment barhabeas corpus contempt exception