Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Obedience to the writ
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7006. Obedience to the writ. (a) Generally; defects in form. A
person upon whom the writ or a copy thereof is served, whether it is
directed to him or not, shall make a return to it and, if required by
it, produce the body of the person detained at the time and place
specified, unless the person detained is too sick or infirm to make the
required trip. A writ of habeas corpus shall not be disobeyed for defect
of form so long as the identity of the person detained may be derived
from its contents.

(b) Compelling obedience. If the person upon whom the writ or a copy
thereof is served refuses or neglects fully to obey it, without showing
sufficient cause, the court before whom the writ is returnable, upon
proof of its service, shall forthwith issue a warrant of attachment
against him directed to the sheriff in any county in which such person
may be found requiring him to be brought before the court issuing the
warrant; he may be ordered committed in close custody to the county jail
until he complies with the order of the court. Where such person is a
sheriff, the warrant shall be directed to a person specifically
designated to execute it. Such person shall have power to call to his
aid the same assistance as the sheriff in executing the warrant; a
sheriff shall be committed to a jail in a county other than his own.

(c) Precept to bring up person detained. A court issuing a warrant of
attachment as prescribed in subdivision (b) may at the same time, or
thereafter, issue a precept to the person to whom the warrant is
directed ordering him immediately to bring before the court the person