Writ, when sufficient.

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782.08 Writ, when sufficient. Such writ shall not be disobeyed for any defect in form. It shall be sufficient:

(1) If the person having the custody of the prisoner is designated, either by name of office, if any, or by the person's name, or if both names are unknown or uncertain the person may be described by an assumed name or title. Anyone who is served with the writ is considered the person to whom it is directed, although it is directed to the person by a wrong name or description or to any other person.

(2) If the person who is directed to be produced be designated by name, or if the person's name be uncertain or unknown, he or she may be described in any other way so as to designate the person intended.

History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.08; 1993 a. 486; 1997 a. 254.


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