60-1505.Hearing.(a) Summary proceedings. The judge shall proceed in a summary wayto hear and determine the cause and may do so regardless of whether theperson restrained is present.If the plaintiff is an inmate in the custody of the secretary of correctionsand the motion and the files and records of the case conclusively show that theinmate is entitled to no relief, the writ shall be dissolved at the cost of theinmate.
(b) Infectious diseases. When any person is restrained becauseofan alleged infectious or communicable disease, the judgemay appoint at least one competent physician to make an examination of suchperson and report findings to the judge.
(c) Temporary orders. The judge may make anorder for thetemporarycustody of the party and any other temporary orders during the pendency ofthe proceeding that justice may require.
(d) Judgment. If the court determines that therestraint is notwrongful, the writ shall be dissolved at the cost of the plaintiff. If therestraint is found to be wrongful, the judgment shall be either that theperson shall be released, or that custody shall be transferred to someother person rightfully entitled thereto, and the court may make such otherorders as justice and equity or the welfare of a minor physically presentin the state may require. In cases in which the person restrained is aminor, or other incompetent or incapacitated, at the time of renderingjudgment at the request of any person adversely affected thereby, the judgeshall stay the enforcement of the judgment for a period of not to exceed 48hours to permit the filing of an appeal, and the judge mayprovide for the temporary custody of the person during such stay in suchmanner as the judge sees fit. Enforcement of the judgment after the taking ofanyappeal may be stayed on such terms and conditions, including suchprovisions for custody during pendency of the appeal, as the judge shallprescribe. If the state, in open court, announces its intention to appealfrom an order discharging a prisoner, the judge shall stay the enforcementof the judgment for a period not more than 24 hours topermitthe filing of an appeal.
(e) (1) The Record. In habeas corpusproceedings involvingextradition to another state, when written notice of appeal from a judgmentor an order is filed, the transcript shall be prepared within 20 days afterthe notice of appeal is filed and sent to the appellate court for review.The appellate court may shorten or extend the time for filing the record ifthere is a reasonable explanation for the need for such action. When therecord is received by the appellate court, the court shall set the time forfiling of briefs, if briefs are desired, and shall set the appeal forsubmission.
(2) Hearing. Such cases, taken to the court of appeals byappeal, shall be heard at the earliest practicable time. The appellant neednot be personally present, and such appeal shall be heard and determinedupon the law and the facts arising upon record. No incidental questionwhich may have arisen on the hearing of the application before the courtshall be reviewed.
(3) Orders on Appeal. In such cases, the appellate court shallrender such judgment and make such orders as the law and the nature of thecase may require, and may make such orders relative to the costs in thecase as may seem right, allowing costs and fixing the amount, or allowingno cost at all.
60-1505.Hearing.(a) Summary proceedings. The judge shall proceed in a summary wayto hear and determine the cause and may do so regardless of whether theperson restrained is present.If the plaintiff is an inmate in the custody of the secretary of correctionsand the motion and the files and records of the case conclusively show that theinmate is entitled to no relief, the writ shall be dissolved at the cost of theinmate.
(b) Infectious diseases. When any person is restrained becauseofan alleged infectious or communicable disease, the judgemay appoint at least one competent physician to make an examination of suchperson and report findings to the judge.
(c) Temporary orders. The judge may make anorder for thetemporarycustody of the party and any other temporary orders during the pendency ofthe proceeding that justice may require.
(d) Judgment. If the court determines that therestraint is notwrongful, the writ shall be dissolved at the cost of the plaintiff. If therestraint is found to be wrongful, the judgment shall be either that theperson shall be released, or that custody shall be transferred to someother person rightfully entitled thereto, and the court may make such otherorders as justice and equity or the welfare of a minor physically presentin the state may require. In cases in which the person restrained is aminor, or other incompetent or incapacitated, at the time of renderingjudgment at the request of any person adversely affected thereby, the judgeshall stay the enforcement of the judgment for a period of not to exceed 48hours to permit the filing of an appeal, and the judge mayprovide for the temporary custody of the person during such stay in suchmanner as the judge sees fit. Enforcement of the judgment after the taking ofanyappeal may be stayed on such terms and conditions, including suchprovisions for custody during pendency of the appeal, as the judge shallprescribe. If the state, in open court, announces its intention to appealfrom an order discharging a prisoner, the judge shall stay the enforcementof the judgment for a period not more than 24 hours topermitthe filing of an appeal.
(e) (1) The Record. In habeas corpusproceedings involvingextradition to another state, when written notice of appeal from a judgmentor an order is filed, the transcript shall be prepared within 20 days afterthe notice of appeal is filed and sent to the appellate court for review.The appellate court may shorten or extend the time for filing the record ifthere is a reasonable explanation for the need for such action. When therecord is received by the appellate court, the court shall set the time forfiling of briefs, if briefs are desired, and shall set the appeal forsubmission.
(2) Hearing. Such cases, taken to the court of appeals byappeal, shall be heard at the earliest practicable time. The appellant neednot be personally present, and such appeal shall be heard and determinedupon the law and the facts arising upon record. No incidental questionwhich may have arisen on the hearing of the application before the courtshall be reviewed.
(3) Orders on Appeal. In such cases, the appellate court shallrender such judgment and make such orders as the law and the nature of thecase may require, and may make such orders relative to the costs in thecase as may seem right, allowing costs and fixing the amount, or allowingno cost at all.
60-1505.Hearing.(a) Summary proceedings. The judge shall proceed in a summary wayto hear and determine the cause and may do so regardless of whether theperson restrained is present.If the plaintiff is an inmate in the custody of the secretary of correctionsand the motion and the files and records of the case conclusively show that theinmate is entitled to no relief, the writ shall be dissolved at the cost of theinmate.
(b) Infectious diseases. When any person is restrained becauseofan alleged infectious or communicable disease, the judgemay appoint at least one competent physician to make an examination of suchperson and report findings to the judge.
(c) Temporary orders. The judge may make anorder for thetemporarycustody of the party and any other temporary orders during the pendency ofthe proceeding that justice may require.
(d) Judgment. If the court determines that therestraint is notwrongful, the writ shall be dissolved at the cost of the plaintiff. If therestraint is found to be wrongful, the judgment shall be either that theperson shall be released, or that custody shall be transferred to someother person rightfully entitled thereto, and the court may make such otherorders as justice and equity or the welfare of a minor physically presentin the state may require. In cases in which the person restrained is aminor, or other incompetent or incapacitated, at the time of renderingjudgment at the request of any person adversely affected thereby, the judgeshall stay the enforcement of the judgment for a period of not to exceed 48hours to permit the filing of an appeal, and the judge mayprovide for the temporary custody of the person during such stay in suchmanner as the judge sees fit. Enforcement of the judgment after the taking ofanyappeal may be stayed on such terms and conditions, including suchprovisions for custody during pendency of the appeal, as the judge shallprescribe. If the state, in open court, announces its intention to appealfrom an order discharging a prisoner, the judge shall stay the enforcementof the judgment for a period not more than 24 hours topermitthe filing of an appeal.
(e) (1) The Record. In habeas corpusproceedings involvingextradition to another state, when written notice of appeal from a judgmentor an order is filed, the transcript shall be prepared within 20 days afterthe notice of appeal is filed and sent to the appellate court for review.The appellate court may shorten or extend the time for filing the record ifthere is a reasonable explanation for the need for such action. When therecord is received by the appellate court, the court shall set the time forfiling of briefs, if briefs are desired, and shall set the appeal forsubmission.
(2) Hearing. Such cases, taken to the court of appeals byappeal, shall be heard at the earliest practicable time. The appellant neednot be personally present, and such appeal shall be heard and determinedupon the law and the facts arising upon record. No incidental questionwhich may have arisen on the hearing of the application before the courtshall be reviewed.
(3) Orders on Appeal. In such cases, the appellate court shallrender such judgment and make such orders as the law and the nature of thecase may require, and may make such orders relative to the costs in thecase as may seem right, allowing costs and fixing the amount, or allowingno cost at all.
