§660-27  Return, hearing.  The person
imprisoned or restrained may deny any of the facts set forth in the return and
may allege other material facts, and the court shall proceed in a summary way
to examine the causes of imprisonment or restraint and to hear evidence which
may be offered by any person interested or authorized to appear either in
support of the imprisonment or restraint or against it, and thereupon to
dispose of the party as law and justice may require. [L 1870, c 32, §20; RL
1925, §2750; RL 1935, §4335; RL 1945, §10376; RL 1955, §239-27; HRS §660-27]



 



Case Notes



 



  Section does not afford all habeas corpus petitioners
absolute right to hearing; court in exercise of discretion may deny request for
evidentiary hearing.  53 H. 274, 492 P.2d 953.