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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 7008: Return

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

§ 7008. Return. (a) When filed and served. The return shall consist of

an affidavit to be served in the same manner as an answer in a special

proceeding and filed at the time and place specified in the writ, or,

where the writ is returnable forthwith, within twenty-four hours after

its service.

(b) Content. The affidavit shall fully and explicitly state whether

the person detained is or has been in the custody of the person to whom

the writ is directed, the authority and cause of the detention, whether

custody has been transferred to another, and the facts of and authority

for any such transfer. A copy of any mandate by virtue of which the

person is detained shall be annexed to the affidavit, and the original

mandate shall be produced at the hearing; where the mandate has been

delivered to the person to whom the person detained was transferred, or

a copy of it cannot be obtained, the reason for failure to produce it

and the substance of the mandate shall be stated in the affidavit.

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

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