North Dakota § 32-22-17 - Causes for discharge of person restrained
Full text of North Dakota North Dakota Century Code § 32-22-17 — Causes for discharge of person restrained, with citation guidance and answers to common questions.
§ 32-22-17. Causes for discharge of person restrained
If it appears on the return of the writ that the party is in custody by virtue of process from any court of this state, or any judge or officer thereof, such person may be discharged in any of the following cases, subject to the restrictions of section 32-22-02: 1. When the jurisdiction of such court or officer has been exceeded. 2. When the imprisonment was at first lawful, but by some act, omission, or event which has taken place afterward, the party has become entitled to a discharge. 3. When the process is defective in some matter of substance required by law rendering such process void. 4. When the process, though regular in form, has been issued in a case not allowed by law. 5. When the person having the custody of the party is not the person allowed by law to detain the party. 6. When the process is not authorized by any order or judgment of any court nor by any provisions of law. 7. When a party has been committed on a criminal charge without reasonable or probable cause. 8. When the process appears to have been obtained by false pretense or bribery.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 32-22-17
What does North Dakota Century Code § 32-22-17 cover?
Section 32-22-17 ("Causes for discharge of person restrained") is part of the North Dakota Century Code, the codified statutory law of North Dakota. 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 North Dakota § 32-22-17?
A common citation format is "North Dakota Century Code § 32-22-17" (North Dakota). 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 North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 32-22-17 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota 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 North Dakota.