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Minnesota · Through 2025 Minnesota Statutes

Minn. Stat. § 589.15: DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS.

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Where this section sits in the code
  1. EXTRAORDINARY WRITS; CONTEMPT; POSTCONVICTION RELIEF
  2. CHAPTER 589. HABEAS CORPUS

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.

Collected 2026-09-02T22:10:50Z. Source file · JSON

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