§ 7004. Content of writ.

297 words·~1 min read·/ny/civil-practice-law-rules/habeas-corpus/7004·

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

(a)For whom issued. The writ shall be issued

on behalf of the state, and where issued upon the petition of a private

person, it shall show that it was issued upon his relation.

(b)To whom directed. The writ shall be directed to, and the

respondent shall be, the person having custody of the person detained.

(c)Before whom returnable. A writ to secure the discharge of a

person from a state institution shall be made returnable before a

justice of the supreme court or a county judge being or residing within

the county in which the person is detained; if there is no such judge it

shall be made returnable before the nearest accessible supreme court

justice or county judge. In all other cases, the writ shall be made

returnable in the county where it was issued, except that where the

petition was made to the supreme court or to a supreme court justice

outside the county in which the person is detained, such court or

justice may make the writ returnable before any judge authorized to

issue it in the county of detention.

(d)When returnable. The writ may be made returnable forthwith or on

any day or time certain, as the case requires.

(e)Expenses; undertaking. A court issuing a writ directed to any

person other than a public officer may require the petitioner to pay the

charges of bringing up the person detained and to deliver an undertaking

to the person having him in custody, in an amount fixed by the court, to

pay the charges for taking back the person detained if he should be

remanded. Service of the writ shall not be complete until such charge is

paid or tendered and such undertaking is delivered.