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This entry was published on 2014-09-22
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Content of writ
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7004. Content of writ. (a) For whom issued. The writ shall be issued
on behalf of the state, and where issued upon the petition of a private
person, it shall show that it was issued upon his relation.

(b) To whom directed. The writ shall be directed to, and the
respondent shall be, the person having custody of the person detained.

(c) Before whom returnable. A writ to secure the discharge of a
person from a state institution shall be made returnable before a
justice of the supreme court or a county judge being or residing within
the county in which the person is detained; if there is no such judge it
shall be made returnable before the nearest accessible supreme court
justice or county judge. In all other cases, the writ shall be made
returnable in the county where it was issued, except that where the
petition was made to the supreme court or to a supreme court justice
outside the county in which the person is detained, such court or
justice may make the writ returnable before any judge authorized to
issue it in the county of detention.

(d) When returnable. The writ may be made returnable forthwith or on
any day or time certain, as the case requires.

(e) Expenses; undertaking. A court issuing a writ directed to any
person other than a public officer may require the petitioner to pay the
charges of bringing up the person detained and to deliver an undertaking
to the person having him in custody, in an amount fixed by the court, to
pay the charges for taking back the person detained if he should be
remanded. Service of the writ shall not be complete until such charge is
paid or tendered and such undertaking is delivered.