NC General Statutes
N.C. Gen. Stat. § 17-3 (2026)
Who may prosecute writ
✓ current as of July 2026
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Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, according to the provisions of this Chapter, to inquire into the cause of such imprisonment or restraint, and, if illegal, to be delivered therefrom. (1868-9, c. 116, s. 1; Code, s. 1623; Rev., s. 1821; C.S., s. 2205.)
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1947–2026 · leading case: Norman v. Nash Johnson & Sons' Farms, Inc., 537 S.E.2d 248 (N.C. Ct. App. 2000).
Norman v. Nash Johnson & Sons' Farms, Inc., 537 S.E.2d 248 (N.C. Ct. App. 2000). “Robinson, II, Robinson on North Carolina Corporation Law § 17-3 at 340 (5th ed.1995). Apparently, our Legislature sought to avoid an unnecessary layer of litigation by adding the requirement that a written pre-litigation demand be made in all cases.”
In Re Burton, 126 S.E.2d 581 (N.C. 1962). “G.S. 17-3. The judge issuing the writ may make it returnable before himself, or, for convenience, before any other judge.”
State v. Leach, 742 S.E.2d 608 (N.C. Ct. App. 2013). “” N.C. Gen. Stat. § 17-3 . An application for the issuance of a writ of habeas corpus “must state, in substance, as follows: (1) That the party, in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the place where, and the officer or person by…”
State v. Hamrick, 162 S.E.2d 567 (N.C. Ct. App. 1968). “The transcript of the talcing of the verdict, as set out in our statement of facts, was introduced at the hearing before Judge Snepp after identification by the Assistant Clerk of Superior Court, and the Assistant Clerk also testified from her own knowledge that the jury.first…”
State v. Daw (N.C. 2024). “” N.C.G.S. § 17-3 (2023) (emphasis added). This provision thus sets forth a general rule and an exception; application of the writ is available to any person restrained of their liberty regardless of whether such restraint resulted from a criminal or civil matter, unless the…”
Chavez v. McFadden (N.C. 2020). “§ 17-1 (2019), with the “privilege of the writ of habeas corpus” not being subject to suspension.”
Chavez v. McFadden (N.C. 2020). “§ 17-1 (2019), with the “privilege of the writ of habeas corpus” not being subject to suspension.”
In Re Thompson, 44 S.E.2d 475 (N.C. 1947). “such custody be awarded to them.” On tbe bearing in tbe court below tbe court adjudged “that tbe petitioners are lawfully entitled to retain custody of said Robert Lee Thompson pending tbe further orders of this Court .”
State v. Daw (N.C. Ct. App. 2021). “DAW 2021-NCCOA-180 Opinion of the Court N.C. Gen. Stat. § 17-3 (2019).8 ¶ 43 The petition may be made by a party or any person on behalf of a party, id.”
State v. Daw (N.C. Ct. App. 2021). “DAW 2021-NCCOA-180 Opinion of the Court N.C. Gen. Stat. § 17-3 (2019).8 ¶ 43 The petition may be made by a party or any person on behalf of a party, id.”
State v. Rogers (N.C. Ct. App. 2026). “N.C. Gen. Stat. § 17-3 (2025). However, our General Statutes require the denial of a writ, pertinently, “[w]here persons are committed or detained by virtue of the final order, judgment or decree of a competent tribunal of civil or criminal jurisdiction, or by virtue of an…”
State v. Chapman, 747 S.E.2d 114 (N.C. Ct. App. 2013). “Habeas corpus is a procedure that allows a person to challenge an imprisonment or a restraint on his or her liberty “for any criminal or supposed criminal matter, or on any pretense whatsoever.”
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