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This entry was published on 2014-09-22
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Warrant preceding or accompanying writ
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7007. Warrant preceding or accompanying writ. A court authorized to
issue a writ of habeas corpus, upon satisfactory proof that a person is
wrongfully detained and will be removed from the state or suffer
irreparable injury before he can be relieved by habeas corpus, shall
issue a warrant of attachment directed to an appropriate officer
requiring him immediately to bring the person detained before the court.
A writ of habeas corpus directed to the person having custody of the
person detained shall also be issued. Where it appears that the
detention constitutes a criminal offense, the warrant may order the
apprehension of the person responsible for the detention, who shall then
be brought before the court issuing the warrant and examined as in a
criminal case.