State Codes and Statutes

Statutes > Kansas > Chapter60 > Article15 > Statutes_24183

60-1504

Chapter 60.--PROCEDURE, CIVIL
Article 15.--HABEAS CORPUS

      60-1504.   Answer.(a) Time. Except as provided in subsection (b), the person to whom thewrit is directed shall file ananswer thereto within 72 hours after the writ isserved or atsuch other time as shall be specified in the writ.

      (b)   Time; exceptions. If the petition for writ challenges a denial ofparole or a prison disciplinary action, the person to whom the writ is directedshall file an answer thereto within 30 days after the writ is served or at suchother time as specified in the writ.

      (c)   Contents. The answer must be verified by the personmaking itand shall contain: (1) a statement of the authority or reasons for therestraint, (2) a copy of the written authority for the restraint, if any,(3) if the custody of the party has been transferred, a statement as towhom, the time, place, and reason for the transfer, and (4) if it isclaimed that the party cannot be produced for any reason, a statement as tothe reasons why the party cannot be produced.

      (d)   Truth of contents. The contents of the answer, if not controverted bythe plaintiff, shall be accepted as true except as to the extent that the judgefinds from the evidence that the contents are not true.

      History:   L. 1963, ch. 303, 60-1504;L. 1994, ch. 227, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article15 > Statutes_24183

60-1504

Chapter 60.--PROCEDURE, CIVIL
Article 15.--HABEAS CORPUS

      60-1504.   Answer.(a) Time. Except as provided in subsection (b), the person to whom thewrit is directed shall file ananswer thereto within 72 hours after the writ isserved or atsuch other time as shall be specified in the writ.

      (b)   Time; exceptions. If the petition for writ challenges a denial ofparole or a prison disciplinary action, the person to whom the writ is directedshall file an answer thereto within 30 days after the writ is served or at suchother time as specified in the writ.

      (c)   Contents. The answer must be verified by the personmaking itand shall contain: (1) a statement of the authority or reasons for therestraint, (2) a copy of the written authority for the restraint, if any,(3) if the custody of the party has been transferred, a statement as towhom, the time, place, and reason for the transfer, and (4) if it isclaimed that the party cannot be produced for any reason, a statement as tothe reasons why the party cannot be produced.

      (d)   Truth of contents. The contents of the answer, if not controverted bythe plaintiff, shall be accepted as true except as to the extent that the judgefinds from the evidence that the contents are not true.

      History:   L. 1963, ch. 303, 60-1504;L. 1994, ch. 227, § 5; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article15 > Statutes_24183

60-1504

Chapter 60.--PROCEDURE, CIVIL
Article 15.--HABEAS CORPUS

      60-1504.   Answer.(a) Time. Except as provided in subsection (b), the person to whom thewrit is directed shall file ananswer thereto within 72 hours after the writ isserved or atsuch other time as shall be specified in the writ.

      (b)   Time; exceptions. If the petition for writ challenges a denial ofparole or a prison disciplinary action, the person to whom the writ is directedshall file an answer thereto within 30 days after the writ is served or at suchother time as specified in the writ.

      (c)   Contents. The answer must be verified by the personmaking itand shall contain: (1) a statement of the authority or reasons for therestraint, (2) a copy of the written authority for the restraint, if any,(3) if the custody of the party has been transferred, a statement as towhom, the time, place, and reason for the transfer, and (4) if it isclaimed that the party cannot be produced for any reason, a statement as tothe reasons why the party cannot be produced.

      (d)   Truth of contents. The contents of the answer, if not controverted bythe plaintiff, shall be accepted as true except as to the extent that the judgefinds from the evidence that the contents are not true.

      History:   L. 1963, ch. 303, 60-1504;L. 1994, ch. 227, § 5; July 1.