§ 7004 — Content of writ

New York § 7004

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 70: Habeas Corpus

Text

§ 7004. Content of writ. (a) For whom issued. The writ shall be issued\non behalf of the state, and where issued upon the petition of a private\nperson, it shall show that it was issued upon his relation.\n (b) To whom directed. The writ shall be directed to, and the\nrespondent shall be, the person having custody of the person detained.\n (c) Before whom returnable. A writ to secure the discharge of a\nperson from a state institution shall be made returnable before a\njustice of the supreme court or a county judge being or residing within\nthe county in which the person is detained; if there is no such judge it\nshall be made returnable before the nearest accessible supreme court\njustice or county judge. In all other cases, the writ shall be made\nreturnable in the county where it was issued, except that where the\npetition was made to the supreme court or to a supreme court justice\noutside the county in which the person is detained, such court or\njustice may make the writ returnable before any judge authorized to\nissue it in the county of detention.\n (d) When returnable. The writ may be made returnable forthwith or on\nany day or time certain, as the case requires.\n (e) Expenses; undertaking. A court issuing a writ directed to any\nperson other than a public officer may require the petitioner to pay the\ncharges of bringing up the person detained and to deliver an undertaking\nto the person having him in custody, in an amount fixed by the court, to\npay the charges for taking back the person detained if he should be\nremanded. Service of the writ shall not be complete until such charge is\npaid or tendered and such undertaking is delivered.\n