Kentucky Revised Statutes, Chapter 419 — Habeas Corpus

Title XXXVII — Special Proceedings

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XXXVII Special Proceedings

Chapter 419 Habeas Corpus

419.020 Issuance of writs.

The writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail. The writ may be issued by any Circuit Judge on any day at any time and his power to issue such writs shall be coextensive with the Commonwealth.

History: Created 1962 Ky. Acts ch. 234, sec. 19.

419.030 Signature -- Production of person -- Return of writ.

The writ must be signed by the judge issuing it and command the person having custody of or restraining the person in whose behalf it is issued to bring him personally before the Circuit Judge of the county in which the person is being detained at the time therein specified. The writ must be made returnable as soon as possible.

History: Created 1962 Ky. Acts ch. 234, sec. 20.

419.040 Bond.

The judge granting the writ may require bond conditioned that the person detained shall not escape by the way, and for the payment of costs. The bond shall be filed with the record of the proceedings, and shall be sued on by the Commonwealth for the benefit of anyone injured by the breach of it.

History: Created 1962 Ky. Acts ch. 234, sec. 21.

419.050 Accused not in custody.

When the person on whose behalf the writ is granted is not in the custody of a public officer, the judge issuing it, for good cause shown, may direct the person serving it to take the person detained into his custody and produce him on the return of the writ.

History: Created 1962 Ky. Acts ch. 234, sec. 22.

419.060 Service of writ -- On concealed person.

(1) Service shall be made by delivering a copy of the writ personally to the person to be served, or if acceptance is refused, by offering personal delivery to such person.

(2) If the person to be served is absent from the place of detention, service shall be made by delivering a copy of the writ personally to the person having the person detained in immediate custody.

(3) If the person to be served conceals himself, or refuses admittance to the party attempting to serve the writ, it may be served by affixing a copy of it on some conspicuous place on the outside of his place of abode, or of the place where the party is confined or detained.

(4) The writ may be served at any time on any day. The return of the officer or person serving shall be proof of the time and manner of service.

History: Created 1962 Ky. Acts ch. 234, sec. 23.

419.070 Response to writ.

(1) The person commanded by the writ may file a response in which he shall state whether he has the party in his custody, or under his power of restraint.

(2) If he has the party in his custody or under his power of restraint, he shall state the authority for and cause of such custody or restraint. If the detention is by virtue of a legal process, a copy thereof must be annexed to the response.

(3) If he had the party in his custody or under his power of restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the response must state particularly to whom, at what time and place, for what cause and by what authority such transfer took place.

(4) The response must be signed by the party making it or his attorney in accordance with the Rules of Civil Procedure governing the signing of pleadings.

History: Created 1962 Ky. Acts ch. 234, sec. 24.

419.080 Production of person -- Exception for infirmity or illness.

The person commanded by the writ shall bring the detained person according to the command of the writ unless it is made to appear by affidavit that because of sickness or infirmity such person cannot be brought before the judge without danger to his health. If the judge is satisfied of the truth of the affidavit he may proceed and dispose of the case as if the party had been produced, or the hearing may be postponed until the party can be present.

History: Created 1962 Ky. Acts ch. 234, sec. 25.

419.090 Refusal to obey writ.

If the person commanded by the writ refuses to obey, he shall be adjudged in contempt of court.

History: Created 1962 Ky. Acts ch. 234, sec. 26.

419.100 Production of evidence -- Depositions.

Evidence may be produced and compelled as in civil actions. Depositions taken in accordance with the provisions of the Rules of Civil Procedure may be read as evidence at the hearing on the writ.

History: Created 1962 Ky. Acts ch. 234, sec. 27.

419.110 Trial and judgment.

(1) The hearing on the writ shall be summary in nature.

(2) The judgment shall fix the costs of the proceeding, including the charge for transportation of the prisoner or party detained.

(3) Where the person detained is a party to a prosecution pending in another court, a copy of the judgment shall be forwarded to the clerk of that court.

History: Created 1962 Ky. Acts ch. 234, sec. 28.

419.120 Removal of person to another court.

If the evidence at the hearing shows probable cause that the detained person is guilty of an offense that is within the exclusive jurisdiction of another court, or that was committed in another county, the court shall order that he be taken immediately before the court having jurisdiction or remand him to the custody of an officer to be taken to the proper county for new proceedings against him.

History: Created 1962 Ky. Acts ch. 234, sec. 29.

419.130 Appeal -- Supersedeas.

(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with the clerk of the court, within thirty (30) days after the entry of the judgment, the original record and a transcript of the evidence, together with a notice of appeal, which notice shall be served on the other parties at least two (2) days before the appeal is filed. Upon the filing of the appeal the clerk shall immediately deliver the papers to the Chief Judge.

(2) If the judgment in a habeas corpus proceeding orders the release of the person detained, any party may have the judgment stayed until the appeal is filed by notifying the judge rendering the judgment that he intends to appeal and upon complying with such terms as to bond or otherwise as the judge deems proper for the security of the person detained. The Court of Appeals may continue, modify or set aside the stay pending the appeal. The appellant may be required to give security for costs.

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 421. -- Amended 1976 Ky. Acts ch. 62, sec. 125. -- Created 1962 Ky. Acts ch. 234, sec. 30.