Ark. Code Ann. § 16-112-109 (2026)
Information relating to commitment
- When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and information in his or her hands, possession, custody, or charge, relating to the commitment.
- If no examination shall accompany the commitment nor be in the possession of the officer having the prisoner in custody, the officer shall exhibit the habeas corpus, when served on him or her, to the judge or magistrate by whom the prisoner was committed or the clerk of the court if the papers are in his or her office. It shall be the duty of the judge, magistrate, or clerk to deliver to the officer having the custody of the prisoner the examinations and proofs relating to the offense charged to be returned by the officer with the writ.
- If no examination has been filed with the commitment or in the office of the clerk and none is produced by the committing judge or magistrate upon the exhibition of the writ of habeas corpus to him or her, as provided in subsection (b) of this section, the judge or magistrate shall appear in person at the time and place to which the writ is returnable and, if he or she fails to do so, may be proceeded against by attachment.
History. Rev. Stat. ch. 73, art. 2, §§ 15-17; C. & M. Dig., §§ 5104-5106; Pope's Dig., §§ 6367-6369; A.S.A. 1947, §§ 34-1720 — 34-1722; Acts 2005, No. 1994, § 282.
Amendments. The 2005 amendment inserted “or her” throughout this section; inserted “judge or” preceding “magistrate” in (b) and twice in (c); inserted “judge” preceding “magistrate or clerk” in (b); and inserted “or she” in (c).
Cross References. Attachment, § 16-110-101 et seq.
Case Notes
Habeas Corpus.
Where defendant on bail gave notice that his defense would be mental disease or defect, and was then incarcerated by the trial court, pending his mental health evaluation, the trial court was required to enter findings of fact and the reasons for the petitioner's incarceration pending the mental health evaluation. Rook v. Sheriff, Pulaski County, 323 Ark. 443, 914 S.W.2d 316 (1996).
Cited: Hobbs v. Hodge, 2015 Ark. 207, 461 S.W.3d 704 (2015).