Minnesota § 589.08 - RETURN TO WRIT; CONTENT REQUIREMENTS
Full text of Minnesota Minnesota Statutes § 589.08 — RETURN TO WRIT; CONTENT REQUIREMENTS, with citation guidance and answers to common questions.
§ 589.08. RETURN TO WRIT; CONTENT REQUIREMENTS
The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c):
(a) The return shall state whether the detaining authority is detaining or has at any time in the past detained the petitioner. If the petitioner was detained before or after the writ was issued, the detaining authority shall indicate the date and time of detention.
(b) If the petitioner is being detained, the detaining authority shall state the reason for detention and authority under which the person is being detained.
(c) If the detaining authority has detained the petitioner at any time before or after the date of the writ, but has transferred custody to another, the return must state particularly to whom, at what time, for what cause, and by what authority, the transfer took place.
If the petitioner is detained under writ, warrant, or other written authority, a copy of the document authorizing detention must be attached to the return. On the return of the writ to the judge before whom the writ is returnable, a copy of the original document authorizing detention must be produced and exhibited.
The person making the return must sign it and except where the person is a sworn public officer, and makes the return in an official capacity, verify it by oath.
History:
(9746) RL s 4580; 1985 c 265 art 9 s 1; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes
Frequently Asked Questions About Minnesota § 589.08
What does Minnesota Statutes § 589.08 cover?
Section 589.08 ("RETURN TO WRIT; CONTENT REQUIREMENTS") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 589.08?
A common citation format is "Minnesota Statutes § 589.08" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 589.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.