13-4128. Return to writ

210 words·~1 min read·/az/title-13/13-4128

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authority and cause in detail.

B. If the party is restrained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge on the hearing of the return.

C. If the person upon whom the writ is served has had the party in his custody or under his power or restraint any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly at what time and place, for what reason and by what authority the transfer was made.

D. The return shall be signed by the person making it, and, except when such person is a public officer who has taken the oath of office and makes the return in his official capacity, it shall be verified by his oath or affirmation.