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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 7005: Service of the writ

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 70. Habeas Corpus

§ 7005. Service of the writ. A writ of habeas corpus may be served on

any day. Service shall be made by delivering the writ and a copy of the

petition to the person to whom it is directed. If he cannot with due

diligence be found, the writ may be served by leaving it and a copy of

the petition with any person who has custody of the person detained at

the time. Where the person to whom the writ is directed conceals himself

or refuses admittance, the writ may be served by affixing it and a copy

of the petition in a conspicuous place on the outside either of his

dwelling or of the place where the person is detained and mailing a copy

of the writ and the petition to him at such dwelling or place, unless

the court which issues the writ determines, for good cause shown, that

such mailing shall be dispensed with, or directs service in some other

manner which it finds reasonably calculated to give notice to such

person of the proceeding. If the person detained is in the custody of a

person other than the one to whom the writ is directed, a copy of the

writ may be served upon the person having such custody with the same

effect as if the writ had been directed to him.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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