New York Civil Practice Law & Rules Article 70 - HABEAS CORPUS

• 7001 - Application of Article; Special Proceeding.
  Except as otherwise prescribed by statute, the provisions of this article are applicable to common law or statutory writs of habeas corpus and common law...
• 7002 - Petition.
  (a) By whom made. A person illegally imprisoned or otherwise restrained in his liberty within the state, or one acting on his behalf or a...
• 7003 - When the Writ Shall Be Issued.
  (a) Generally. The court to whom the petition is made shall issue the writ without delay on any day, or, where the petitioner does not...
• 7004 - Content of Writ.
  (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...
• 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...
• 7006 - Obedience to the Writ.
  (a) Generally; defects in form. A person upon whom the writ or a copy thereof is served, whether it is directed to him or not,...
• 7007 - Warrant Preceding or Accompanying Writ.
  A court authorized to issue a writ of habeas corpus, upon satisfactory proof that a person is wrongfully detained and will be removed from the...
• 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...
• 7009 - Hearing.
  (a) Notice before hearing. Where the detention is by virtue of a mandate, the court shall not adjudicate the issues in the proceeding until written...
• 7010 - Determination of Proceeding.
  (a) Discharge. If the person is illegally detained a final judgment shall be directed discharging him forthwith. No person detained shall be discharged for a...
• 7011 - Appeal.
  An appeal may be taken from a judgment refusing to grant a writ of habeas corpus or refusing an order to show cause issued under...
• 7012 - Redetention After Discharge.
  A person discharged upon the return of a writ of habeas corpus shall not be detained for the same cause, except by virtue of a...

Last modified: February 3, 2019