§ 7008 — Return

New York § 7008

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

Text

§ 7008. Return. (a) When filed and served. The return shall consist of\nan affidavit to be served in the same manner as an answer in a special\nproceeding and filed at the time and place specified in the writ, or,\nwhere the writ is returnable forthwith, within twenty-four hours after\nits service.\n (b) Content. The affidavit shall fully and explicitly state whether\nthe person detained is or has been in the custody of the person to whom\nthe writ is directed, the authority and cause of the detention, whether\ncustody has been transferred to another, and the facts of and authority\nfor any such transfer. A copy of any mandate by virtue of which the\nperson is detained shall be annexed to the affidavit, and the original\nmandate shall be produced at the hearing; where the mandate has been\ndelivered to the person to whom the person detained was transferred, or\na copy of it cannot be obtained, the reason for failure to produce it\nand the substance of the mandate shall be stated in the affidavit.\n