New York § 7005 Service of the writ

New York Statutes

§ 7005 — Service of the writ

New York § 7005

Law CVPCivil Practice Law & Rules

Art. 70Habeas Corpus

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Bluebook

N.Y. Civil Practice Law & Rules § 7005 (2026).

Text

  § 7005. Service of the writ. A writ of habeas corpus may be served on\nany day. Service shall be made by delivering the writ and a copy of the\npetition to the person to whom it is directed. If he cannot with due\ndiligence be found, the writ may be served by leaving it and a copy of\nthe petition with any person who has custody of the person detained at\nthe time. Where the person to whom the writ is directed conceals himself\nor refuses admittance, the writ may be served by affixing it and a copy\nof the petition in a conspicuous place on the outside either of his\ndwelling or of the place where the person is detained and mailing a copy\nof the writ and the petition to him at such dwelling or place, unless\nthe court which issues the writ determines, for good cause shown, that\nsuch ma

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§ 7005. Service of the writ. A writ of habeas corpus may be served on\nany day. Service shall be made by delivering the writ and a copy of the\npetition to the person to whom it is directed. If he cannot with due\ndiligence be found, the writ may be served by leaving it and a copy of\nthe petition with any person who has custody of the person detained at\nthe time. Where the person to whom the writ is directed conceals himself\nor refuses admittance, the writ may be served by affixing it and a copy\nof the petition in a conspicuous place on the outside either of his\ndwelling or of the place where the person is detained and mailing a copy\nof the writ and the petition to him at such dwelling or place, unless\nthe court which issues the writ determines, for good cause shown, that\nsuch mailing shall be dispensed with, or directs service in some other\nmanner which it finds reasonably calculated to give notice to such\nperson of the proceeding. If the person detained is in the custody of a\nperson other than the one to whom the writ is directed, a copy of the\nwrit may be served upon the person having such custody with the same\neffect as if the writ had been directed to him.\n