piers109uk/MN-Statutes huggingface dataset:
589.011 DEFINITIONS.
In this chapter, the words listed in this section have the meanings or inclusions given them here.
"Detaining authority" includes a state or local correctional agency or officer or employee of that agency or any other public or private agency or person that is alleged in the writ of habeas corpus to have restrained or imprisoned the petitioner.
"Petitioner" means a person who is imprisoned or otherwise restrained of liberty and who applies for a writ of habeas corpus to obtain release.
589.02 PETITION; TO WHOM AND HOW MADE.
A person may apply for a writ of habeas corpus by petition addressed to the supreme court, court of appeals, or to the district court of the county where the petitioner is detained. The petition must be signed and verified by the petitioner or some person applying on the petitioner's behalf. If there is within the county a judge of the court to which the petition is addressed, that judge may grant the writ. If there is no judge within the county capable of acting and willing to grant the writ, it may be granted by a judge in an adjoining county.
589.03 APPLICATION FOR WRIT IN ANOTHER COUNTY; PROOF REQUIRED.
When application for a writ of habeas corpus is made to a judge whose chambers are not located within the county where the prisoner is detained, that judge shall require proof, by the oath of the applicant or other evidence:
(1) that there is no judge in the detaining county authorized to grant the writ;
(2) that judges authorized to grant the writ are absent from the detaining county;
(3) that judges in the detaining county for reasons specified are incapable of acting; or
(4) that judges in the detaining county have refused to grant the writ.
If the proof required by this section is not produced, the application must be denied.
589.07 REFUSAL TO GRANT; PENALTY.
If a judge authorized to grant writs of habeas corpus willfully refuses to grant the writ when legally applied for, the judge shall forfeit to the party aggrieved $1,000 for each offense.
589.06 CONTENTS OF WRIT; WHEN SUFFICIENT.
The writ may not be disobeyed because of any defect of form. A writ is sufficient if the petitioner and the person to whom the writ is directed are designated in it with reasonable certainty, by name, description, or otherwise. Either the petitioner or the person to whom the writ is directed may be designated by an assumed name if the true name is unknown or uncertain. The person served with the writ is considered to be the person to whom it is directed, although the name or description is wrong, or is that of another person.
589.05 FORM OF WRIT; REQUIREMENTS.
A writ of habeas corpus must be under the seal of the court, and substantially in the following form:
"The State of Minnesota, to the Sheriff of, etc. (or to A.B.):
You are commanded to bring C.D., who is imprisoned and detained by you, by whatever name C.D. is called or charged, before E.F., judge of the ..................... court, at ......................., on ........... (or immediately after the receipt of this writ), to receive the court's judgment on the legality of the detention. Bring this writ to the hearing and be prepared to tell the court the time and cause of imprisonment and detention.
Witness, etc."
589.09 PRODUCING PERSON REQUIRED EXCEPT WHEN SICK.
The person on whom the writ is served shall bring the person being detained, according to the command of the writ, to the judge named on the writ except when the detained person is sick, as provided in section 589.20.
589.04 STATEMENTS IN PETITION.
A petition for a writ of habeas corpus must contain information set forth in paragraphs (a) to (e):
(a) It must state that the person on whose behalf the writ is applied for is imprisoned or restrained of liberty, the name of the officer or person by whom the person is imprisoned or restrained, and the place where that person is imprisoned or restrained.
(b) It must name the restrained and the restraining person if their names are known, or describe them if they are not.
(c) It must state that the restrained person is not committed or detained under process, judgment, decree, or execution, as specified in section 589.01.
(d) It must state the basis of the confinement or restraint, according to the knowledge or belief of the party verifying the petition.
(e) If the confinement or restraint is under warrant, order, or process, the petitioner shall attach a copy of the document authorizing the confinement or restraint to the petition. The petitioner shall also attach copies of all papers which are attached to or accompany the warrant, order, or process to the petition. If the confinement results from conviction of a crime and sentence, the petitioner shall include a transcript of the proceedings taken at the time of arraignment and sentence in the court which imposed the sentence. If the petitioner is unable to attach the documents required by this paragraph, the petitioner shall state the reasons for not doing so. Documentation is not required when:
(1) the petitioner is removed or concealed before application for a writ was made; or
(2) a demand for documentation was made but the person to whom the demand was made refused to supply the document requested.
(f) If the imprisonment is alleged to be illegal, the petition shall state in what the illegality consists.
If the imprisonment which is claimed to be illegal is under a district court judgment or sentence, the judge before whom the petition is pending may examine the official files and records of the court issuing the warrant of commitment, including any official transcript of the proceedings taken at the time of the arraignment and sentence. A judge before whom a petition is pending may take judicial notice of official records or transcripts to determine the sufficiency of the petition or the propriety of issuing the writ of habeas corpus.
593.19 MISCONDUCT OF OFFICER DRAWING JURY.
An officer or other person charged by law with the preparation of any jury list, or list of names from which a jury is to be drawn, and a person authorized by law to assist at the drawing or impaneling of a grand or petit jury to attend a court or term of court, or to try any cause or issue, who:
(1) places on a list a name at the request or solicitation, direct or indirect, of a person;
(2) purposely puts upon a list of jurors, as having been drawn, a name that was not lawfully drawn for that purpose;
(3) purposely omits to place on a list a name that was lawfully drawn;
(4) purposely signs or certifies a list of jurors as having been drawn, that was not lawfully drawn;
(5) purposely withdraws from the box or other receptacle for the ballots containing the names of the jurors any paper or ballot lawfully placed or belonging there, and containing the name of a person not lawfully drawn and designated as a juror; or
(6) in drawing or impaneling the jury, does an act that is partial, or improper in any other respect, is guilty of a misdemeanor.
590.02 PETITION; FILING; SERVICE; COSTS.
The petition filed in the district court pursuant to section 590.01 shall be entitled in the name of the petitioner versus the state of Minnesota and shall contain:
(1) a statement of the facts and the grounds upon which the petition is based and the relief desired. All grounds for relief must be stated in the petition or any amendment thereof unless they could not reasonably have been set forth therein. It shall not contain argument or citation of authorities;
(2) an identification of the proceedings in which the petitioner was convicted including the date of the entry of judgment and sentence or other disposition complained of;
(3) an identification of any previous proceeding, together with the grounds therein asserted taken on behalf of the petitioner to secure relief from the conviction and sentence or other disposition;
(4) the name and address of any attorney representing the petitioner. In the event the petitioner is without counsel, the court administrator shall forthwith transmit a copy of the petition to the state public defender and shall advise the petitioner of such referral.
The filing of the petition and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the petitioner.
When a petition is filed pursuant to section 590.01 it shall be signed by the petitioner or signed by the petitioner's attorney with proof of service on the attorney general and county attorney. It shall be addressed to the district court of the judicial district in the county where the conviction took place.
In those cases in which the petitioner is represented by counsel or in which the petitioner has filed a written waiver of right to counsel, the court administrator of the district court shall immediately direct attention of the filing thereof to the chief judge or judge acting in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
589.08 RETURN TO WRIT; CONTENT REQUIREMENTS.
The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c):
(a) The return shall state whether the detaining authority is detaining or has at any time in the past detained the petitioner. If the petitioner was detained before or after the writ was issued, the detaining authority shall indicate the date and time of detention.
(b) If the petitioner is being detained, the detaining authority shall state the reason for detention and authority under which the person is being detained.
(c) If the detaining authority has detained the petitioner at any time before or after the date of the writ, but has transferred custody to another, the return must state particularly to whom, at what time, for what cause, and by what authority, the transfer took place.
If the petitioner is detained under writ, warrant, or other written authority, a copy of the document authorizing detention must be attached to the return. On the return of the writ to the judge before whom the writ is returnable, a copy of the original document authorizing detention must be produced and exhibited.
The person making the return must sign it and except where the person is a sworn public officer, and makes the return in an official capacity, verify it by oath.
595.01 WITNESS.
A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration is made on oral examination, or by deposition or affidavit.
589.10 ENFORCING THE WRIT.
If the person upon whom the writ is served refuses or neglects to produce the person named in it and make a full return of the writ at the time and place required and does not give sufficient excuse, the judge before whom the writ is returnable, upon proof of service of it, shall immediately issue an attachment against the person, directed to the sheriff or coroner of any county. The attachment must direct the sheriff or coroner to apprehend the person upon whom the writ is served as soon as possible and bring that person before the judge before whom the writ is returnable. The judge before whom the writ is returnable shall commit the person apprehended under the attachment to the county jail until that person makes the return and complies with all other orders made by the judge.
590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION PETITION.
Within 45 days after the filing of the petition pursuant to section 590.01 or within such time as the judge to whom the matter has been assigned may fix, the county attorney, or the attorney general, on behalf of the state, shall respond to the petition by answer or motion which shall be filed with the court administrator of district court and served on the petitioner if unrepresented or on the petitioner's attorney. No further pleadings are necessary except as the court may order. The court may at any time prior to its decision on the merits permit a withdrawal of the petition, may permit amendments thereto, and to the answer. The court shall liberally construe the petition and any amendments thereto and shall look to the substance thereof and waive any irregularities or defects in form.
593.31 UNIFORM SELECTION AND SERVICE; DECLARATION OF POLICY.
It is the policy of this state that all persons selected for jury service be selected at random from the broadest feasible cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with this chapter and applicable court rules to be considered for jury service in this state, and that qualified citizens have an obligation to serve as jurors when summoned for that purpose.
593.21 MISCONDUCT OF OFFICER IN CHARGE OF JURY.
An officer to whose charge a jury is committed by a court, who negligently or willfully, and without leave of the court, permits them, or any one of them, to receive a communication from a person, to make a communication to a person, to obtain or receive a book, paper, or refreshment, or to leave the jury room, is guilty of a misdemeanor.
595.021 NEWS MEDIA; PROTECTION OF SOURCES; CITATION.
Sections 595.021 to 595.025 may be cited as the "Minnesota Free Flow of Information Act."
589.11 PETITIONER HELD IN CUSTODY BY SHERIFF.
The judge who issues an attachment under section 589.10 may also, at the same time or afterward, issue an order to the sheriff or other person to whom the attachment was directed, commanding the bringing of the petitioner before that judge immediately. After that, the petitioner must remain in the custody of the sheriff or other person until discharged, bailed, or remanded, as the judge may direct.
593.32 PROHIBITION OF DISCRIMINATION.
A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, economic status, marital status, sexual orientation, or a physical or sensory disability.
Nothing in subdivision 1 restricts the right to strike an individual from being impaneled on a jury for cause based on a showing that a physical or sensory disability will impair the juror's ability to try a particular case.
590.04 HEARINGS ON PETITION; EVIDENCE; ORDER.
Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response thereto, and promptly determine the issues, make findings of fact and conclusions of law with respect thereto, and either deny the petition or enter an order granting appropriate relief.
Hearings on a petition filed pursuant to section 590.01 shall be in open court in the judicial district in which the conviction took place or in the Second, Fourth, Seventh, or Tenth Judicial Districts in the discretion of the judge to whom the proceeding has been assigned.
The court may order the petitioner to be present at the hearing. If the petitioner is represented by an attorney, the attorney shall be present at any hearing.
A verbatim record of any hearing shall be made and kept.
Unless otherwise ordered by the court, the burden of proof of the facts alleged in the petition shall be upon the petitioner to establish the facts by a fair preponderance of the evidence.
In the discretion of the court, it may receive evidence in the form of affidavit, deposition, or oral testimony. The court may inquire into and decide any grounds for relief, even though not raised by the petitioner.
The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition when the issues raised in it have previously been decided by the court of appeals or the supreme court in the same case.
589.12 PROCEEDINGS ON RETURN OF WRIT.
Immediately after the return of the writ, the judge before whom the petitioner is brought shall examine the facts set forth in the return, the cause of the imprisonment or restraint, and whether the cause was upon commitment for a criminal charge or not.
590.05 INDIGENT PETITIONERS.
A person financially unable to obtain counsel who desires to pursue the remedy provided in section 590.01 may apply for representation by the state public defender. The state public defender shall represent such person under the applicable provisions of sections 611.14 to 611.27, if the person has not already had a direct appeal of the conviction. The state public defender may represent, without charge, all other persons pursuing a postconviction remedy under section 590.01, who are financially unable to obtain counsel.
595.022 PUBLIC POLICY.
In order to protect the public interest and the free flow of information, the news media should have the benefit of a substantial privilege not to reveal sources of information or to disclose unpublished information. To this end, the freedom of press requires protection of the confidential relationship between the news gatherer and the source of information. The purpose of sections 595.021 to 595.025 is to insure and perpetuate, consistent with the public interest, the confidential relationship between the news media and its sources.
590.06 APPEALS.
An appeal may be taken to the court of appeals or, in a case involving a conviction for first degree murder, to the supreme court from the order granting relief or denying the petition within 60 days after the entry of the order.
The appealing party shall, within the 60 days, serve a notice of appeal from the final order upon the court administrator of district court and the opposing party. If the appeal is by the petitioner, the service shall be on the county attorney and the attorney general. If the appeal is by the state, the service shall be on the petitioner or the petitioner's attorney. No fees or bond for costs shall be required for the appeal.
589.13 DISCHARGING PETITIONER.
If the judge, under section 589.12, finds no legal cause to support imprisonment or restraint of the petitioner, the judge shall discharge the petitioner.
595.023 DISCLOSURE PROHIBITED.
Except as provided in section 595.024, no person who is or has been directly engaged in the gathering, procuring, compiling, editing, or publishing of information for the purpose of transmission, dissemination or publication to the public shall be required by any court, grand jury, agency, department or branch of the state, or any of its political subdivisions or other public body, or by either house of the legislature or any committee, officer, member, or employee thereof, to disclose in any proceeding the person or means from or through which information was obtained, or to disclose any unpublished information procured by the person in the course of work or any of the person's notes, memoranda, recording tapes, film or other reportorial data whether or not it would tend to identify the person or means through which the information was obtained.
595.024 EXCEPTION AND PROCEDURE.
A person seeking disclosure may apply to the district court of the county where the person employed by or associated with a news media resides, has a principal place of business or where the proceeding in which the information sought is pending.
The application shall be granted only if the court determines after hearing the parties that the person making application, by clear and convincing evidence, has met all three of the following conditions:
(1) that there is probable cause to believe that the specific information sought (i) is clearly relevant to a gross misdemeanor or felony, or (ii) is clearly relevant to a misdemeanor so long as the information would not tend to identify the source of the information or the means through which it was obtained,
(2) that the information cannot be obtained by alternative means or remedies less destructive of first amendment rights, and
(3) that there is a compelling and overriding interest requiring the disclosure of the information where the disclosure is necessary to prevent injustice.
The district court shall consider the nature of the proceedings, the merits of the claims and defenses, the adequacies of alternative remedies, the relevancy of the information sought, and the possibility of establishing by other means that which the source is expected or may tend to prove. The court shall make its appropriate order after making findings of fact. The order may be appealed directly to the court of appeals according to the Rules of Appellate Procedure. The order is stayed and nondisclosure shall remain in full force and effect during the pendency of the appeal. Where the court finds that the information sought has been published or broadcast, there shall be no automatic stay unless an appeal is filed within two days after the order is issued. Either party may request expedited consideration.
588.01 CONTEMPTS.
Contempts of court are of two kinds, direct and constructive.
Direct contempts are those occurring in the immediate view and presence of the court, and arise from one or more of the following acts:
(1) disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceedings;
(2) a breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the business of the court.
Constructive contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions:
(1) misbehavior in office, or other willful neglect or violation of duty, by an attorney, court administrator, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;
(2) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;
(3) disobedience of any lawful judgment, order, or process of the court;
(4) assuming to be an attorney or other officer of the court, and acting as such without authority;
(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court;
(6) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried;
(7) any other unlawful interference with the process or proceedings of a court;
(8) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;
(9) when summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the action, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court;
(10) disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in an action or special proceeding in any court contrary to law after it has been removed from its jurisdiction, or disobedience of any lawful order or process of a judicial officer;
(11) failure or refusal to pay a surcharge levied pursuant to section 357.021, subdivision 6.
589.14 SENDING PETITIONER BACK TO CUSTODY.
The judge shall immediately send the petitioner back to the detaining authority if it appears that the petitioner is detained in custody:
(1) under process issued by a court or judge of the United States, in a case where the court or judge has exclusive jurisdiction;
(2) under final judgment of a competent court of civil or criminal jurisdiction, or under an execution issued upon a judgment of either of those courts; or
(3) for contempt of court, specially and plainly charged in the commitment, by a court having authority to commit for the contempt so charged.
The judge shall also immediately send the petitioner back to the detaining authority if it appears that the time during which the person may be legally detained has not expired.
589.16 WHEN BAIL OR REMAND OR DISCHARGE ALLOWED.
If the petitioner has been legally committed for a criminal offense, or if upon hearing it appears by the testimony offered with the return that the petitioner is guilty of the offense, although the commitment is irregular, the judge before whom the petitioner is brought shall allow release on bail, if good bail is offered, or, if not, the judge shall immediately send that petitioner back to the detaining authority. In other cases the petitioner must be placed in the custody of the person legally entitled to custody, or, if no one is so entitled, the petitioner must be discharged.
588.02 POWER TO PUNISH; LIMITATION.
Every court and judicial officer may punish a contempt by fine or imprisonment, or both. In addition, when the contempt involves the willful disobedience of an order of the court requiring the payment of money for the support or maintenance of a minor child, the court may require the payment of the costs and a reasonable attorney's fee, incurred in the prosecution of the contempt, to be paid by the guilty party. When it is a constructive contempt, it must appear that the right or remedy of a party to an action or special proceeding was defeated or prejudiced by it before the contempt can be punished by imprisonment or by a fine exceeding $50.
593.37 SOURCE LIST.
[Repealed, 1990 c 553 s 15]
[Repealed, 1990 c 553 s 15]
The Department of Public Safety shall, upon request and for a reasonable fee, provide driver's license lists to the jury commissioner.
[Repealed, 1990 c 553 s 15]
588.03 SUMMARY PUNISHMENT.
A direct contempt may be punished summarily, for which an order shall be made reciting the facts as occurring in the immediate view and presence of the court or officer, and adjudging the person proceeded against to be guilty of a contempt, and that the person be punished as therein specified.
595.025 DEFAMATION.
The prohibition of disclosure provided in section 595.023 shall not apply in any defamation action where the person seeking disclosure can demonstrate that the identity of the source will lead to relevant evidence on the issue of actual malice.
Notwithstanding the provisions of subdivision 1, the identity of the source of information shall not be ordered disclosed unless the following conditions are met:
(a) that there is probable cause to believe that the source has information clearly relevant to the issue of defamation;
(b) that the information cannot be obtained by any alternative means or remedy less destructive of first amendment rights.
The court shall make its order on the issue of disclosure after making findings of fact, which order may be appealed to the court of appeals according to the Rules of Appellate Procedure. During the appeal the order is stayed and nondisclosure shall remain in full force and effect.
589.15 DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS.
If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases:
(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;
(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the person is entitled to be discharged;
(3) if the process is defective in some matter of substance required by law, rendering it void;
(4) if the process, though in proper form, has been issued in a case not allowed by law;
(5) if the person having the custody of the petitioner under the process is not the person empowered by law to detain the petitioner; or
(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.
590.10 PRESERVATION OF EVIDENCE.
Notwithstanding any other provision of law, all appropriate governmental entities shall retain any biological evidence relating to the identification of a defendant used to secure a conviction in a criminal case until expiration of sentence unless earlier disposition is authorized by court order after notice to the defendant and defense counsel. No order for earlier disposition of this evidence shall be issued if the defendant or defense counsel objects.
The governmental entity need retain only the portion of such evidence as was used to obtain an accurate biological sample used to obtain a conviction. If the size of the biological sample requires that it be consumed in analysis, the Minnesota Rules of Criminal Procedure shall apply. If evidence is intentionally destroyed after the filing of a petition under section 590.01, subdivision 1a, the court may impose appropriate sanctions on the responsible party or parties.
For purposes of this section, "biological evidence" means:
(1) the samples obtained in a sexual assault examination kit; or
(2) any item that contains blood, semen, hair, saliva, skin, tissue, or other identifiable biological material present on physical evidence or preserved on a slide or swab if such evidence relates to the identification of the defendant.
589.17 REQUIRING PETITIONER TO BE HELD IN CUSTODY UNTIL JUDGMENT.
Until judgment is given upon the return, the judge before whom the petitioner is brought may either commit the petitioner to the custody of the sheriff of the county, or place the petitioner in other custody as the petitioner's age and other circumstances require.
588.04 ARREST; ORDER TO SHOW CAUSE.
(a) In cases of constructive contempt, an affidavit of the facts constituting the contempt shall be presented to the court or officer, who may either issue a warrant of arrest to bring the person charged to answer or, without a previous arrest, upon notice, or upon an order to show cause, which may be served by a sheriff or other officer in the same manner as a summons in an action, may commit the person to jail, impose a fine, or both, and make such order thereupon as the case may require.
(b) When the underlying case involves an obligation arising out of a consumer debt primarily for personal, family, or household purposes, and the contempt is a failure to comply with judgment debtor disclosure requirements under section 491A.02, subdivision 9, or 550.011, bail must be set at $50. For a subsequent contempt for a failure to disclose in the same action, bail must be an amount set by the court after considering aggravating and mitigating factors. Bail posted under this section must be returned to the judgment debtor.
589.18 NOTICE MUST BE GIVEN TO COUNTY ATTORNEY OR ATTORNEY GENERAL.
In criminal cases, if the petitioner is confined in a county jail or other local correctional facility, notice of the time and place at which the writ is returnable must be given to the county attorney of the county from which the petitioner was committed, if the county attorney is within the petitioner's county. If the petitioner is confined in a state correctional facility, the notice of the time and place at which the writ is returnable must be given to the attorney general, and the attorney general shall appear for the person named as respondent in the writ. In other cases, notice of the time and place at which the writ is returnable must be given to any person interested in continuing the custody or restraint of the petitioner.
588.05 PERSONS IN CUSTODY.
If the party charged is in the custody of an officer by virtue of a legal order or process, civil or criminal, except upon a sentence for felony, an order may be made for production of the party by the officer having custody, that the party may answer; and the party shall thereupon be produced and held until an order is made for disposition.
589.19 DENIAL OF RETURN; NEW MATTER.
At the hearing on the return of the writ, the petitioner may, on oath, deny any of the material facts alleged in the return, or allege any fact to show either that the imprisonment or detention is unlawful, or that the petitioner is entitled to discharge. The judge shall proceed, in a summary way, to hear allegations and admit relevant evidence in support or against imprisonment or detention and, at the conclusion of the hearing, dispose of the petitioner in accordance with law.
595.06 CAPACITY OF WITNESS.
When a person is produced as a witness, the court may examine the person to ascertain capacity, and whether the person understands the nature and obligations of an oath, and the court may inquire of any person what peculiar ceremonies the person deems most obligatory in taking an oath.
593.40 QUALIFICATION QUESTIONNAIRE.
[Repealed, 1990 c 553 s 15]
[Repealed, 1990 c 553 s 15]
[Repealed, 1990 c 553 s 15]
A prospective juror who fails to return a completed juror qualification questionnaire as instructed may be ordered by the court to appear and show cause for failure to complete and submit the questionnaire. A prospective juror who fails to appear pursuant to the court's order or to show good cause for the failure to appear or who fails to show good cause for failure to complete and submit the questionnaire is guilty of a misdemeanor.
A person who willfully misrepresents a material fact on a juror qualification questionnaire for the purpose of avoiding or securing service as a juror is guilty of a misdemeanor.
[Repealed, 1991 c 199 art 1 s 84]
588.06 ADMISSION TO BAIL.
When a warrant of arrest is issued pursuant to sections 588.01 to 588.15, the court or officer shall direct whether the person charged may be admitted to bail for appearance, or detained in custody without bail, and, if admitted to bail, the amount thereof. Such direction shall be specified in the warrant.
589.20 PROCEEDINGS IN CASE OF SICKNESS OF PETITIONER.
When the petitioner is so sick or infirm that the petitioner would be endangered if brought before the judge before whom the writ is returnable, the person having the petitioner in custody may state that fact in the return. If the judge finds that the statement is true, and the return is otherwise sufficient, the judge shall decide upon the return and dispose of the matter in accordance with law. The petitioner under this section may appear by attorney and plead to the return as if present. If the petitioner is illegally imprisoned or restrained of liberty, the judge shall order those having custody to immediately discharge the petitioner. If the petitioner is legally imprisoned or restrained and is not entitled to be released on bail, the judge shall dismiss the proceedings.
595.07 CONVICTED PERSON AS WITNESS.
Every person convicted of crime shall be a competent witness in any civil or criminal proceeding, but the conviction may be proved for the purpose of affecting the weight of the testimony, either by the record or by the convicted person's cross-examination, upon which the convicted person shall answer any proper question relevant to that inquiry; and the party cross-examining shall not be concluded by the convicted person's answer thereto.
588.07 WARRANT, HOW EXECUTED.
Upon executing the warrant of arrest, the sheriff shall keep the person in actual custody, bring the person before the court or officer, and detain the person until an order shall be made in the premises, unless the warrant shall contain a direction to admit the person to bail, in which case the person shall be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a recognizance, with two sufficient sureties, to the effect that the person will appear on the return of the warrant and abide the order of the court or officer thereupon, or pay as may be directed the sum therein specified.
595.08 PERJURY; ACTION AGAINST WITNESS.
When it shall appear probable to a court of record, having general jurisdiction, that a person who has testified in an action or proceeding before it has committed perjury in any testimony so given, it may, by order or process for that purpose, immediately commit the person to prison, or take a recognizance for the person's appearance to answer to an indictment for perjury. In such case, if the court shall deem that any paper or document produced by either party is necessary to be used in the prosecution for perjury, it may detain the same, and direct it to be delivered to the county attorney.
593.42 JURORS; FAILURE TO APPEAR.
[Repealed, 1990 c 553 s 15]
[Repealed, 1990 c 553 s 15]
[Repealed, 1990 c 553 s 15]
Any person summoned for jury service who fails to appear as directed shall be ordered by the court to appear and show cause for failure to comply with the summons. Absent a showing of good cause for noncompliance with the summons, the juror is guilty of a misdemeanor.
[Repealed, 1990 c 553 s 15]
589.21 ENFORCING ORDER OF DISCHARGE.
The judge may enforce obedience to an order for the discharge of the petitioner by attachment, as provided in section 589.10, directed to the person disobeying the order. If a person disobeys an order, that person shall forfeit to the petitioner $1,000 in addition to any special damages sustained by the petitioner.
588.08 RETURN OF WARRANT; PENALTY FOR FAILURE.
The officer shall return the warrant and the recognizance, if any, received from the person so arrested, by the return day specified therein. If the person fails to make the return, a warrant of arrest, not bailable, may be issued against the person, specifying therein the cause of issuing it. The officer to whom the last-mentioned warrant is delivered shall execute it by arresting the person proceeded against, bringing the person personally before the court or officer, and detaining the person in custody until otherwise ordered.
589.22 CONDITIONS UNDER WHICH DISCHARGED PETITIONER MAY BE INCARCERATED.
A petitioner who has been discharged upon a writ of habeas corpus may be incarcerated again for the same conduct only under the following circumstances:
(1) if, after discharge for defect of proof or for a material defect in the commitment in a criminal case, the petitioner is arrested again on probable cause and detained in accordance with law;
(2) if the petitioner fails to post bond;
(3) if the petitioner is indicted for the conduct and detained pending criminal proceedings; or
(4) if the petitioner is convicted and sentenced for the conduct.
589.23 TRANSFERRING OR CONCEALING PERSON; FORFEITURE.
A person who has custody of a petitioner entitled to a writ of habeas corpus and who, with intent to elude the service of the writ or to avoid its effect, (1) transfers the petitioner to the custody or places the petitioner under the power or control of another person, (2) conceals the petitioner, or (3) changes the place of confinement, shall forfeit $400 to the petitioner, recoverable in a civil action.
588.09 HEARING.
When the person arrested has been brought into court, or has appeared, the court or officer shall investigate the charge by examining the person and the witnesses for and against the person, for which an adjournment may be had from time to time, if necessary.
588.10 PENALTIES FOR CONTEMPT OF COURT.
Upon the evidence so taken, the court or officer shall determine the guilt or innocence of the person proceeded against and, if the person is adjudged guilty of the contempt charged, the person shall be punished by a fine of not more than $250, or by imprisonment in the county jail, workhouse, or work farm for not more than six months, or by both. In case of the person's inability to pay the fine or endure the imprisonment, the person may be relieved by the court or officer in such manner and upon such terms as may be just.
589.24 REFUSING TO FURNISH COPY OF DOCUMENT AUTHORIZING DETENTION.
An officer or another who detains a person and refuses to deliver a copy of an order, warrant, process, or other authority by which the person is detained to any one who requests the copy and who offers to pay the reproduction costs, shall forfeit $200 to the person detained.
588.11 INDEMNITY TO INJURED PARTY.
If any actual loss or injury to a party in an action or special proceeding, prejudicial to the person's right therein, is caused by such contempt, the court or officer, in addition to the fine or imprisonment imposed therefor, may order the person guilty of the contempt to pay the party aggrieved a sum of money sufficient to indemnify the party and satisfy the party's costs and expenses, including a reasonable attorney's fee incurred in the prosecution of such contempt, which order, and the acceptance of money thereunder, shall be a bar to an action for such loss and injury.
588.12 IMPRISONMENT UNTIL PERFORMANCE.
When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it, and in such case the act shall be specified in the warrant of commitment.
589.25 PERSON SERVING WRIT; BOND.
The writ can be served only by a legal voter of the state. The judge granting it may require a bond to the state in a sum not more than $1,000, conditioned for the payment of all costs and expenses of the proceeding, and the reasonable charges of restoring the petitioner, if sent back to custody, to the person from whose custody the petitioner was taken. The bond must be approved by the judge issuing the writ, and be filed with the court administrator.
589.26 MANNER OF SERVICE OF WRIT.
The writ of habeas corpus may be served by delivering it to the person to whom it is directed, or, if that person cannot be found, by leaving it at the jail or other place in which the petitioner is confined, with any correctional officer or other person of proper age having charge of the petitioner. If the person upon whom the writ should be served hides, or refuses admittance to the party attempting to serve the writ, it may be served by affixing the writ in some conspicuous place on the outside either of the dwelling house, or of the place where the party is confined.
593.48 COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.
A juror shall be reimbursed for round-trip travel between the juror's residence and the place of holding court and compensated for required attendance at sessions of court and may be reimbursed for additional day care expenses incurred as a result of jury duty at rates determined by the supreme court. A juror may request reimbursement for additional parking expenses incurred as a result of jury duty, in which case the reimbursement shall be paid and the juror's compensation for required attendance at sessions of court shall be reduced by the amount of the parking reimbursement. Except in the Eighth Judicial District where the state shall pay directly, the compensation and reimbursement shall be paid out of the county treasury upon receipt of authorization to pay from the jury commissioner. These jury costs shall be reimbursed monthly by the supreme court upon submission of an invoice by the county treasurer. A monthly report of payments to jurors shall be sent to the jury commissioner within two weeks of the end of the month in the form required by the jury commissioner.
588.13 INDICTMENT.
Persons proceeded against under sections 588.01 to 588.15 are also liable to indictment for the same misconduct, if it is an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.
589.27 WHEN RETURN TO WRIT MUST BE MADE.
If the writ is returnable on a certain day, the person to whom the writ is directed shall make the return and produce the petitioner at the time and place specified in the writ. If the writ is returnable immediately, and the place of return is within 20 miles of the place of service, the return must be made and the petitioner produced within 24 hours. Twenty-four additional hours are allowed for return for each additional 20 miles of distance between the place of return and the place of service.
588.14 SECOND WARRANT; ACTION ON RECOGNIZANCE; MEASURE OF DAMAGES.
When a warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or officer may issue another warrant, or may order the recognizance prosecuted, or both. If the recognizance is prosecuted, the measure of damages shall be the amount of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
589.28 POWER OF COURT NOT RESTRAINED.
Nothing in sections 589.01 to 589.30 is to be construed to prevent a court from issuing a writ of habeas corpus necessary or proper to bring an inmate before it or an inferior court for trial, an omnibus hearing, arraignment, appearance, or to be examined as a witness in a civil or criminal action or proceeding.
588.15 ILLNESS MAY EXCUSE OFFICER FROM PRODUCING PERSON.
When, under sections 588.01 to 588.15, an officer is required to keep a person arrested in actual custody and to bring the person before a court or officer, the inability, from illness or other cause, of the person to attend, shall be a sufficient excuse for not producing the person in court.
589.29 APPEALS.
A party aggrieved by the final order in proceedings upon a writ of habeas corpus may appeal to the court of appeals as in other civil cases, except that no bond is required of the appellant. Upon filing notice of appeal with the court administrator of the district court, and payment of filing fees, the court administrator shall make, certify, and return to the clerk of the appellate courts copies of the petition, writ, return of respondent, answer, if any, of the relator, and the order appealed from.
588.20 CRIMINAL CONTEMPTS.
(a) A person who knowingly and willfully disobeys a subpoena lawfully issued in relation to a crime of violence, as defined in section 609.11, subdivision 9, with the intent to obstruct the criminal justice process is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A felony charge under this subdivision may be filed upon the person's nonappearance. However, the charge must be dismissed if the person voluntarily appears within 48 hours after the time required for appearance on the subpoena and reappears as directed by the court until discharged from the subpoena by the court. This paragraph does not apply if the person appears as a result of being apprehended by law enforcement authorities.
Every person who commits a contempt of court, of any one of the following kinds, is guilty of a misdemeanor:
(1) disorderly, contemptuous, or insolent behavior, committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority;
(2) behavior of like character in the presence of a referee, while actually engaged in a trial or hearing, pursuant to an order of court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law;
(3) breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury, or referee;
(4) willful disobedience to the lawful process or other mandate of a court other than the conduct described in subdivision 1;
(5) resistance willfully offered to its lawful process or other mandate other than the conduct described in subdivision 1;
(6) contumacious and unlawful refusal to be sworn as a witness, or, after being sworn, to answer any legal and proper interrogatory;
(7) publication of a false or grossly inaccurate report of its proceedings; or
(8) willful failure to pay court-ordered child support when the obligor has the ability to pay.
No person may be punished as provided in this subdivision for publishing a true, full, and fair report of a trial, argument, decision, or other court proceeding.