15-21-32
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under
the provisions of this chapter fails to attend as required, the judge before whom the writ
of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver
it to the clerk of the circuit court of the county in which the examination is had; and the
same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement
being presumptive evidence of such default. (Code 1852, §743; Code 1867, §4294; Code 1876,
§4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940,
T. 15, §36.)...
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15-21-5
Section 15-21-5 Description of party if name uncertain or unknown. If the name of the person
on whose behalf an application for a writ of habeas corpus is made or the officer or person
by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way
that is sufficient to identify him. (Code 1852, §712; Code 1867, §4263; Code 1876, §4939;
Code 1886, §4763; Code 1896, §4816; Code 1907, §7011; Code 1923, §4309; Code 1940, T.
15, §5.)...
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15-21-2
Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter
into undertaking to keep the peace. Any person confined in jail for failing to enter into
an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this
chapter; but such writ can be heard only by a judge of the circuit court, who may discharge
the applicant, remand him to jail or reduce the amount of the undertaking as may seem right.
If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon
the entering into the undertaking in the sum fixed by such judge. (Code 1896, §4813; Code
1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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15-9-45
Section 15-9-45 Arrest without warrant - Forfeiture of bail. If the prisoner is admitted to
bail and fails to appear and surrender himself according to the condition of his bond, the
court, by proper order, shall declare the bond forfeited, and recovery may be had thereon
in the name of the state as in the case of other bonds or undertakings given by the accused
in criminal proceedings within this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15,
§65.)...
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15-10-10
Section 15-10-10 Where warrant to be executed; endorsement when executed in different county.
Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the
county in which it was issued, unless the defendant is in another county. When the defendant
is in another county, it may be executed therein by any law enforcement officer having the
warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement
if possible to assist in making the arrest and only then may exercise the same authority as
the officer possesses in his or her own county or jurisdiction. (Code 1852, §436; Code 1867,
§3985; Code 1876, §4655; Code 1886, §4270; Code 1896, §5219; Code 1907, §6278; Code 1923,
§3272; Code 1940, T. 15, §163; Act 2006-547, §1.)...
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15-21-33
Section 15-21-33 Taxation and collection of fees and costs of witnesses. (a) In habeas corpus
proceedings, witnesses may prove their attendance before the judge as in other cases and have
the same taxed in the bill of costs, on the subsequent conviction of the party, where he is
detained on a criminal charge. (b) In other cases, the court or judge may impose the costs,
or any portion thereof, on either party; and, when the writ is returnable before a judge of
the circuit court, the costs must be taxed by the clerk of such circuit court and collected
by execution. (Code 1852, §§744, 745; Code 1867, §§4295, 4296; Code 1876, §§4971, 4972;
Code 1886, §§4794, 4795; Code 1896, §§4847, 4848; Code 1907, §§7042, 7043; Code 1923,
§§4341, 4342; Code 1940, T. 15, §§37, 38.)...
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15-9-35
Section 15-9-35 Arrest warrant - Issuance; contents. If the Governor shall decide that an extradition
demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with
the state seal and be directed to a sheriff, marshal, coroner or other person whom he may
think fit to entrust with the execution thereof. The warrant must substantially recite the
facts necessary to the validity of its issue. (Acts 1931, No. 482, p. 559; Code 1940, T. 15,
§54.)...
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15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of
bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable
by death or life imprisonment under the laws of the state in which it was committed, the district
or circuit court judge must admit the person arrested to bail by bond or undertaking, with
sufficient sureties and in such sum as he deems proper, for his appearance before him at a
time specified in such bond or undertaking, and for his surrender, to be arrested upon the
warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...

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45-27-84.04
Section 45-27-84.04 Warrant of arrest. If the district attorney complies with the demand for
extradition, the district attorney shall submit the documents specified in Section 45-27-84.02
to the district court and the district court judge shall issue a warrant of arrest directed
to any law enforcement officer for the arrest of the tribal fugitive. (Act 2017-351, §5.)...

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