§660-27 - Return, hearing. - Hawaii Statutes

     §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.