§ 1339.Return - Signature and Verification - Contents - Production of Party

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1339 requires a habeas corpus return to be signed and verified, to state the authority or cause for holding the person, to include any written authority for the custody, and to explain any transfer of custody, while generally requiring the custodian to produce the person at the hearing.

Full Text of § 1339

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The return must be signed and verified by the person making it, who shall state: First. The authority or cause of restraint of the party in his custody. Second. If the authority be in writing, he shall return a copy and produce the original on the hearing. Third. If he has had the party in his custody or under his restraint, and has transferred him to another, he shall state to whom, the time, place and cause of the transfer. He shall produce the party on the hearing, unless prevented by sickness or infirmity, which must be shown in the return.

End

Amendment History

R.L. 1910, § 4890.

Plain-English Summary

Section 1339 sets out what a custodian's return must contain. It must be signed and verified, and it must state the authority or cause for the restraint. If that authority is in writing, the custodian must attach a copy and bring the original to the hearing.

If the custodian once held the person but transferred custody to someone else, the return must say who received the person, along with the time, place, and reason for the transfer. Unless sickness or infirmity excuses it - and the return must show that excuse - the custodian must produce the person at the hearing.

Frequently Asked Questions

Does the return have to be sworn?

Yes, it must be signed and verified by the person making it.

What if the custodian's authority to hold the person is in writing?

The return must include a copy, and the custodian must produce the original at the hearing.

What if the custodian transferred the person to someone else?

The return must state to whom the person was transferred, along with the time, place, and reason.

Can the custodian avoid bringing the person to the hearing?

Only for sickness or infirmity, and the return must show that condition.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: habeas corpus return contentsverified return custody oklahomaproducing the detainee at hearing