2005 Minnesota Statutes

     589.03 Application for a 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.  

    HIST: (9741) RL s 4575; 1985 c 265 art 9 s 1