782.14(3) (3) If the prisoner be detained by virtue of any written authority a copy thereof shall be annexed to the return and the original shall be produced to the court or judge before whom the same is returnable.

782.14(4) (4) If the respondent shall have had the prisoner in the respondent’s power or custody at any time, but has transferred such custody to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return must be signed by the person making it and shall be verified by oath.

782.14 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.14.

782.15 782.15 Prisoner produced, exception. The respondent shall bring the prisoner, according to the command of such writ, except in the case of sickness as provided in s. 782.29.

782.15 History History: 1979 c. 32 ss. 59, 92 (11); Stats. 1979 s. 782.15.

782.16 782.16 Obedience to writ compelled. If any person upon whom such writ shall have been duly served shall refuse or neglect to obey the same, within the time required, and no sufficient excuse shall be shown for such refusal or neglect the court or judge before whom such writ is returnable shall, upon proof of such service, forthwith issue an attachment against such person, directed to the sheriff of any county, commanding the sheriff forthwith to apprehend such person and to bring the person before such court or judge. The person so brought shall be committed to the county jail until making return to such writ and comply with any order that may be made in relation to the prisoner.

782.16 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.16.

782.17 782.17 Attachment of sheriff. If a sheriff neglects to make return to such writ the attachment may be directed to any coroner or other person to be designated therein, who shall execute the same; and such sheriff may be committed to the jail of any county other than the sheriff’s own.

782.17 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.17.

782.18 782.18 Attachment may issue. In case of attachment an order may be issued to the officer or other person to whom such attachment is directed, commanding the officer or person to bring, forthwith, before the court or judge, the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of such officer or other person, until discharged, bailed or remanded. In the execution of such attachment or order, the person executing it may call to the person’s aid the power of the county.

782.18 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.18.

782.19 782.19 Return may be traversed. The prisoner may move to strike the return or may deny any of the material facts set forth in the return to the writ or allege any fact to show either that the imprisonment is unlawful or that the prisoner is entitled to a discharge, which allegations and denials shall be verified by oath; and the court or judge shall proceed in a summary way to examine into the facts contained in the return and to hear the allegations and proofs of the parties in support of such imprisonment or against the same.

782.19 History History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1975 c. 218; 1979 c. 32 s. 59; Stats. 1979 s. 782.19.

782.20 782.20 When party discharged. If no legal cause be shown for such imprisonment or restraint or for the continuance thereof the court or judge shall make a final order discharging such party from the custody or restraint.

782.20 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.20.

782.21 782.21 When remanded. The court or judge must make a final order to remand the prisoner if it shall appear that the prisoner is detained in custody either:

782.21(1) (1) By virtue of process issued by any court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; or

782.21(2) (2) By virtue of the final judgment or order of any competent court of civil or criminal jurisdiction or of any execution issued upon such judgment or order; or

782.21(3) (3) For any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and

782.21(4) (4) That the time during which such party may be legally detained has not expired.

782.21 History History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.21.

782.22 782.22 Discharge if in custody under process.

782.22(1) (1) If it appear that the prisoner is in custody by virtue of civil process of any court or issued by any officer in the course of judicial proceedings before the officer such prisoner can be discharged in the following cases only:

782.22(1)(a) (a) Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, law or person.

782.22(1)(b) (b) Where, although the original imprisonment was lawful, yet by some act, omission or event which has taken place afterward the prisoner is entitled to be discharged.

782.22(1)(c) (c) Where the process is void.

782.22(1)(d) (d) When the process was issued in a case not allowed by law.

782.22(1)(e) (e) Where the person having the custody of the prisoner is not empowered by law to detain the prisoner; or

782.22(1)(f) (f) Where the process is not authorized by any judgment or order of any court nor by any provision of law.