1. (a) Writs of habeas corpus may be granted by:

   1. (1) the circuit or superior courts of the county in which the person applying for the writ may be restrained of his or her liberty, or by the judges of those courts; or

   2. (2) if the judges described in subdivision (1) are:

      1. (A) absent from their circuits; or

      2. (B) by reason of sickness or other cause, unable or incompetent to hear and determine the application for the writ;

         then by any judge of an adjoining circuit.

2. (b) Upon application, a writ granted under subsection (a) shall be granted without delay.

   [Pre-1998 Recodification Citation: 34-1-57-3.]

As added by P.L.1-1998, SEC.21.