Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4123 (2026)

Granting of writ; remand of prisoner

✓ current as of May 2026
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A. The writ of habeas corpus may be granted:

1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof.

2. By the superior court or a judge thereof, in their respective counties.

B. If the writ is granted by a superior court or judge, and after hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other superior court or judge, unless upon some ground not existing at the time of issuing the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ.

Notes of Decisions
Cited in 3 cases, 1980–1993 · leading case: Davis v. Winkler, 793 P.2d 99 (Ariz. Ct. App. 1990).
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Davis v. Winkler, 793 P.2d 99 (Ariz. Ct. App. 1990). · cites it 2× “See *345 A.R.S. §§ 13-4123, 12-120.21. We disagree.”
Wolfe v. Maricopa Cty. Gen. Hosp., Etc., 619 P.2d 1041 (Ariz. 1980). · cites it 2× “We accepted jurisdiction pursuant to Article VI, § 5 of the Constitution of Arizona and A.R.S. § 13-4123. After oral argument this court ordered petitioner released from the respondent hospital, adding that a written opinion would follow.”
Falcone v. State, 880 P.2d 1082 (Ariz. Ct. App. 1993). · cites it 2× “Looking especially to §§ 13-4123 and 13-4124, it appears that “grant” means allowed to be filed and served before hearing and disposition.”
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