North Dakota Code § 32-22-15

Return may be controverted - Proofs
Open in Lexace · Ask the AI about this section
The party brought before the court on the return of the writ may deny or controvert any of 
the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege 
any fact to show either that the imprisonment or detention is unlawful or that the party is entitled 
to be discharged. The court thereupon must proceed in a summary way to hear such proof as 

may be produced against such imprisonment or detention, or in favor of the same, and to 
dispose of such party as the justice of the case may require, and has full power and authority to 
require and compel the attendance of witnesses, by process of subpoena and attachment, and 
to do and perform all other acts and things necessary to a full and fair hearing and 
determination of the case. The court may allow the return to be amended according to the facts 
of the case, whenever it may be deemed necessary.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.