60-1503. The writ. - Kansas Statutes

60-1503

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

      60-1503.   The writ.(a) Issuance.The petition shall be presented promptly to a judge in the district court inaccordance with the procedure of the court for the assignment of courtbusiness. The petition shall be examined promptly by the judge to whom it isassigned. If it plainly appears from the face of the petition and any exhibitsattached thereto that the plaintiff is not entitled to relief in the districtcourt, the petition shall be dissolved at the cost of the plaintiff. If thejudge finds that the plaintiff may be entitled to relief, the judge shall issuethe writ and order the person to whom the writ is directed to file an answerwithin the period of time fixed by the court or to take such other action asthe judge deems appropriate.

      (b)   Form. The writ shall be directed to the party having the personunder restraint and shall command such person to have the restrainedperson before thejudgeat the time and place specified in the writ.

      (c)   Service. The writ shall be served without delay. If directed tothe sheriff it shall be served by the clerk. If directed to any otherperson it shall be served by the sheriff or some other person designated bythe judge. If the person to whom it is directed cannot be found or shallrefuse admittance, the writ may be served by leaving it atsuch person's residence oraffixing it at some conspicuous place where the party is confined orrestrained.

      (d)   Sundays and holidays. The writ may be issued and served at anytime, including Sundays and holidays.

      History:   L. 1963, ch. 303, 60-1503;L. 1994, ch. 227, § 4; July 1.