§ 7006 — Obedience to the writ

New York § 7006

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

Text

§ 7006. Obedience to the writ. (a) Generally; defects in form. A\nperson upon whom the writ or a copy thereof is served, whether it is\ndirected to him or not, shall make a return to it and, if required by\nit, produce the body of the person detained at the time and place\nspecified, unless the person detained is too sick or infirm to make the\nrequired trip. A writ of habeas corpus shall not be disobeyed for defect\nof form so long as the identity of the person detained may be derived\nfrom its contents.\n (b) Compelling obedience. If the person upon whom the writ or a copy\nthereof is served refuses or neglects fully to obey it, without showing\nsufficient cause, the court before whom the writ is returnable, upon\nproof of its service, shall forthwith issue a warrant of attachment\nagainst him directed to the sheriff in any county in which such person\nmay be found requiring him to be brought before the court issuing the\nwarrant; he may be ordered committed in close custody to the county jail\nuntil he complies with the order of the court. Where such person is a\nsheriff, the warrant shall be directed to a person specifically\ndesignated to execute it. Such person shall have power to call to his\naid the same assistance as the sheriff in executing the warrant; a\nsheriff shall be committed to a jail in a county other than his own.\n (c) Precept to bring up person detained. A court issuing a warrant of\nattachment as prescribed in subdivision (b) may at the same time, or\nthereafter, issue a precept to the person to whom the warrant is\ndirected ordering him immediately to bring before the court the person\ndetained.\n