reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 588 — Contempts Of Court › Section 588.13 — Indictment.

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.
History:
(9805) RL s 4651
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 588 — Contempts Of Court › Section 588.14 — Second Warrant; Action On Recognizance; Measure Of Damages.

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.
History:
(9806) RL s 4652
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 588 — Contempts Of Court › Section 588.15 — Illness May Excuse Officer From Producing Person.

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.
History:
(9807) RL s 4653; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 588 — Contempts Of Court › Section 588.20 — Criminal Contempts.

588.20 CRIMINAL CONTEMPTS.
Subdivision 1.
Felony contempt.
(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.
Subd. 2.
Misdemeanor contempt.
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.
History:
(10042) RL s 4854; 1993 c 340 s 53; 1998 c 367 art 2 s 3
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 588 — Contempts Of Court › Section 588.21 — Failure To File Complete Income Tax Return.

588.21 FAILURE TO FILE COMPLETE INCOME TAX RETURN.
In addition to other sanctions, when a taxpayer is in contempt of an order of the district court for failure to file a complete and proper income tax return under the provisions of section 270C.61, subdivision 2, the court may order a civil fine not to exceed $50 for each day the contempt of court continues, or for each separate contempt of court, or both. The court may award costs, expenses, reasonable attorney's fees, and witness fees to the state. The court may issue additional orders to ensure compliance with the court's prior order.
History:
1985 c 238 s 1; 1990 c 480 art 1 s 46; 2005 c 151 art 2 s 17
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.01 — Writ Of Habeas Corpus; Who May Apply.

589.01 WRIT OF HABEAS CORPUS; WHO MAY APPLY.
A person imprisoned or otherwise restrained of liberty, except persons committed or detained by virtue of the final judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon the judgment, may apply for a writ of habeas corpus to obtain relief from imprisonment or restraint. For purposes of this section, an order of commitment for an alleged contempt or an order upon proceedings as for contempt to enforce the rights or remedies of a party is not a judgment, nor does attachment or other process issued upon these types of orders constitute an execution.
History:
(9739) RL s 4573; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.011 — Definitions.

589.011 DEFINITIONS.
Subdivision 1.
Scope.
In this chapter, the words listed in this section have the meanings or inclusions given them here.
Subd. 2.
Detaining authority.
"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.
Subd. 3.
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.
History:
1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.02 — Petition; To Whom And How Made.

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.
History:
(9740) RL s 4574; 1983 c 247 s 198; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.03 — Application For Writ In Another County; Proof Required.

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.
History:
(9741) RL s 4575; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.04 — Statements In Petition.

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.
History:
(9742) RL s 4576; 1961 c 613 s 1; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.05 — Form Of Writ; Requirements.

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."
History:
(9743) RL s 4577; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.06 — Contents Of Writ; When Sufficient.

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.
History:
(9744) RL s 4578; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.07 — Refusal To Grant; Penalty.

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.
History:
(9745) RL s 4579; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.08 — Return To Writ; Content Requirements.

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.
History:
(9746) RL s 4580; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.09 — Producing Person Required Except When Sick.

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.
History:
(9747) RL s 4581; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.10 — Enforcing The Writ.

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.
History:
(9748) RL s 4582; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.11 — Petitioner Held In Custody By Sheriff.

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.
History:
(9749) RL s 4583; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.12 — Proceedings On Return Of Writ.

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.
History:
(9750) RL s 4584; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.13 — Discharging Petitioner.

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.
History:
(9751) RL s 4585; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.14 — Sending Petitioner Back To Custody.

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.
History:
(9752) RL s 4586; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.15 — Discharging Petitioner Held Under Civil Process.

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.
History:
(9753) RL s 4587; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.16 — When Bail Or Remand Or Discharge Allowed.

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.
History:
(9754) RL s 4588; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.17 — Requiring Petitioner To Be Held In Custody Until Judgment.

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.
History:
(9755) RL s 4589; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.18 — Notice Must Be Given To County Attorney Or Attorney General.

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.
History:
(9756) RL s 4590; 1915 c 227 s 1; 1973 c 123 art 5 s 7; 1979 c 102 s 13; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.19 — Denial Of Return; New Matter.

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.
History:
(9757) RL s 4591; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.20 — Proceedings In Case Of Sickness Of Petitioner.

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.
History:
(9758) RL s 4592; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.21 — Enforcing Order Of Discharge.

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.
History:
(9759) RL s 4593; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.22 — Conditions Under Which Discharged Petitioner May Be Incarcerated.

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.
History:
(9760) RL s 4594; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.23 — Transferring Or Concealing Person; Forfeiture.

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.
History:
(9761) RL s 4595; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.24 — Refusing To Furnish Copy Of Document Authorizing Detention.

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.
History:
(9762) RL s 4596; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.25 — Person Serving Writ; Bond.

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.
History:
(9763) RL s 4597; 1985 c 265 art 9 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.26 — Manner Of Service Of Writ.

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.
History:
(9764) RL s 4598; 1985 c 265 art 9 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.27 — When Return To Writ Must Be Made.

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.
History:
(9765) RL s 4599; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.28 — Power Of Court Not Restrained.

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.
History:
(9766) RL s 4600; 1969 c 198 s 1; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.29 — Appeals.

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.
History:
(9767) RL s 4601; 1983 c 247 s 199; 1985 c 265 art 9 s 1; 1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.30 — Hearing On Appeal; Costs; Papers.

589.30 HEARING ON APPEAL; COSTS; PAPERS.
Either party in a proceeding upon a writ of habeas corpus may appeal a final order by applying to the court of appeals. The clerk of appellate courts shall serve the order fixing the time of hearing on the adverse party at least five days before the date fixed for the hearing. The hearing must be held not less than six nor more than 15 days from the date of application. No costs or disbursements may be allowed any party to the appeal, nor may any of the papers used on the hearing be required to be printed.
History:
(9768) RL s 4602; 1961 c 660 s 1; 1983 c 247 s 200; 1985 c 265 art 9 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 589 — Habeas Corpus › Section 589.35 — Release Of Institutionalized Persons For Judicial Purposes.

589.35 RELEASE OF INSTITUTIONALIZED PERSONS FOR JUDICIAL PURPOSES.
Subdivision 1.
Order.
Except as provided in this chapter and chapter 590, a court requiring the appearance of a person confined in a state correctional facility, hospital for persons with mental illnesses, or other institution after criminal conviction, civil commitment, or under court order, may order the confining institution to release the person into the temporary custody of the court. The order must specify:
(1) the reason for the person's appearance;
(2) to whom the confined person may be released; and
(3) the date and time of the release.
Subd. 2.
Costs.
The court shall, without any cost to the releasing institution, determine and implement a cost-effective and convenient method for obtaining the person's appearance, including requiring the parties to the proceedings to pay all or a part of the costs as otherwise provided by law.
Subd. 3.
Compliance.
Upon receipt of a court order for release under this section, the chief executive officer of the confining institution shall take appropriate steps to comply with the order in a manner which is consistent with public safety.
History:
1982 c 611 s 1; 1985 c 265 art 9 s 1; 2013 c 62 s 26
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.02 — Petition; Filing; Service; Costs.

590.02 PETITION; FILING; SERVICE; COSTS.
Subdivision 1.
Petition.
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.
Subd. 2.
Costs.
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.
Subd. 3.
Filing.
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.
History:
1967 c 336 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2014 c 245 s 1
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.03 — Pleadings And Practice After Filing A Postconviction Petition.

590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION PETITION.
Within 20 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.
History:
1967 c 336 s 3; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.04 — Hearings On Petition; Evidence; Order.

590.04 HEARINGS ON PETITION; EVIDENCE; ORDER.
Subdivision 1.
Early hearing.
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.
Subd. 2.
Open court hearing.
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.
Subd. 3.
Hearing.
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.
History:
1967 c 336 s 4; 1969 c 491 s 2; 1977 c 190 s 1; 1983 c 247 s 202
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.05 — Indigent Petitioners.

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.
History:
1967 c 336 s 5; 1991 c 345 art 3 s 1; 1993 c 13 art 2 s 1; 1Sp2003 c 2 art 3 s 2; 2007 c 61 s 2
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.06 — Appeals.

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.
History:
1967 c 336 s 6; 1983 c 247 s 203; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 585 - 590 — Extraordinary Writs; Contempt; Postconviction Relief › Chapter 590 — Postconviction Relief › Section 590.10 — Preservation Of Evidence.

590.10 PRESERVATION OF EVIDENCE.
Subdivision 1.
Preservation.
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.
Subd. 2.
Definition.
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.
History:
2005 c 136 art 12 s 8
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.19 — Misconduct Of Officer Drawing Jury.

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.
History:
(9991) RL s 4806; 1990 c 553 s 3
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.21 — Misconduct Of Officer In Charge Of Jury.

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.
History:
(9993) RL s 4808; 1983 c 359 s 86; 1990 c 553 s 4
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.31 — Uniform Selection And Service; Declaration Of Policy.

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.
History:
1977 c 286 s 1; 1990 c 553 s 5
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.32 — Prohibition Of Discrimination.

593.32 PROHIBITION OF DISCRIMINATION.
Subdivision 1.
Prohibition.
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.
Subd. 2.
Certain challenges for cause.
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.
History:
1977 c 286 s 2; 1992 c 453 s 1; 2013 c 90 s 1
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.37 — Source List.

593.37 SOURCE LIST.
Subdivision 1.
[Repealed, 1990 c 553 s 15]
Subd. 2.
[Repealed, 1990 c 553 s 15]
Subd. 2a.
Driver's license lists.
The Department of Public Safety shall, upon request and for a reasonable fee, provide driver's license lists to the jury commissioner.
Subd. 3.
[Repealed, 1990 c 553 s 15]
History:
1977 c 286 s 7; 1979 c 218 s 1; 1990 c 553 s 6
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.40 — Qualification Questionnaire.

593.40 QUALIFICATION QUESTIONNAIRE.
Subdivision 1.
[Repealed, 1990 c 553 s 15]
Subd. 2.
[Repealed, 1990 c 553 s 15]
Subd. 3.
[Repealed, 1990 c 553 s 15]
Subd. 4.
Failure to complete questionnaire; penalty.
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.
Subd. 5.
Misrepresentation.
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.
Subd. 6.
[Repealed, 1991 c 199 art 1 s 84]
History:
1977 c 286 s 10; 1986 c 444; 1990 c 553 s 7-9
2023 Minnesota Statutes › Chapter 593 — Juries › Chapter 593 — Juries, Jurors › Section 593.42 — Jurors; Failure To Appear.

593.42 JURORS; FAILURE TO APPEAR.
Subdivision 1.
[Repealed, 1990 c 553 s 15]
Subd. 2.
[Repealed, 1990 c 553 s 15]
Subd. 3.
[Repealed, 1990 c 553 s 15]
Subd. 4.
Failure to appear.
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.
Subd. 5.
[Repealed, 1990 c 553 s 15]
History:
1977 c 286 s 12; 1978 c 674 s 43; 1986 c 444