CPLR art 70

Question 1

7001- Application of Article

The provisions of this article are applicable to common law or statutory writs of ______________ and common law writs of _________ to inquire into detention.

Answer 1

habeas corpus ………… certiorari

Question 2

7001- Application of Article

A proceeding under this article is a ___________ and therefore the parties involved are considered the petitioner and respondent

Answer 2

special proceeding

Question 3

7002- Petition

It is brought on by a petition (ON NOTICE/WITHOUT NOTICE) for a writ of habeas corpus, and may be made by:

1. A person illegally_________________ or __________ in his liberty within the state or a person acting on his behalf
2. A party in a ______________ proceeding subsequent to the order of the family court to inquire into the cause of such detention and for deliverance
3. A judge authorized to issue writs of habeas corpus having evidence in ________________ that a person is so detained, shall on his own initiative issue a writ of habeas corpus for the relief of that person

Answer 3

without notice ……… imprisoned or restrained …. child abuse ………… a proceeding before him

Question 4

7002- Petition

A petition for a writ may be made to:

1. The Supreme Court in the __________ in which the person is detained
2. The Appellate division in the __________ in which the person is detained
3. Any justice of the_______
4. A ________ being or residing in the ________ where the person is detained or where there is no judge in that county or those there have refused,the petition may be made to a County judge in _____________
   5.In a city having a population of ________ or more inhabitants,a person held as a trial incarcerated individual shall petition for a writ to the _____________in the ____________ in which the charges against him are pending or the ___________ in the _______________ in which he is detained or any justice of the ______________ provided the writ will be made returnable before a justice of the Supreme court in a _______________ where the action is pending

Answer 4

judicial district ……..department…….. Supreme Court….. County judge ….. county……… an adjoining county…….. one million…… Supreme court …. county ……. appellate division….. department ……. Supreme court…… county

Question 5

7002- Petition

Such petition shall be ___________ and be accompanied by an affidavit stating, among other things:

• the _________ of the person detained,
• where they are ___________
• __________ they are detained,
• that the detention is ____________
• whether an __________ has been taken or
• if there are any _____________ for writs, etc.

Answer 5

verified………. Name … why ……… illegal,…….. appeal ………. previous applications

Question 6

7003- When the Writ Shall be Issued

• The petition for a writ may be denied where the person is not ___________ or a court or judge of the United States has ________________ to have him released
• It may be also denied if the legality of detention has been ____________ in a prior proceeding for a writ

Answer 6

illegally detained…….. exclusive jurisdiction …… previously determined

Question 7

7003- When the Writ Shall be Issued

judge or court who refuses to issue a writ in violation of this article forfeits to the person detained ______________

Answer 7

ONE THOUSAND DOLLARS

Question 8

7004- Content of Writ

The writ shall be issued on behalf of ___________ and directed to the person ________________ of the person detained

Answer 8

the state ……… having custody

Question 9

7004- Content of Writ

A writ to secure the discharge of a person from a state institution shall be made returnable before a justice of the __________ Court or a ___________ judge being or residing within the ______________ in which the person is detained

Answer 9

Supreme…..county court …. county

Question 10

7004- Content of Writ

The writ may be made returnable __________ or on any day or time certain as the case requires

Answer 10

FORTHWITH

Question 11

7004- Content of Writ

• The court may require the petitioner to make an __________ to the person having custody for the delivery or possible return of the person.
• ________ of the writ shall not be complete until such charge is paid or tendered and such undertaking is delivered

Answer 11

Undertaking …… Service

Question 12

7005- Service of the Writ

**A writ of habeas corpus may be served **_____________ ** or any other day that service for other proceedings would normally not be valid.

Answer 12

ON ANY DAY.

Question 13

7005- Service of the Writ

• Service shall be made by delivering the ___________ and a copy of ___________ to the person to whom it is directed.
• If such person cannot be found with due diligence the writ may be served by leaving it with any person who has custody of the person detained.

Answer 13

Writ ………the petition,

Question 14

7005- Service of the Writ

• If the person to whom it is directed__________ himself or refuses admittance it may be affixed in a conspicuous place on the outside of the dwelling or where the person is detained AND mailing a copy to such place.
• The court can dispense with __________ or direct another manner of service

Answer 14

Conceals …… mailing

Question 15

7005- Service of the Writ

If the person detained is in the custody of a person other than the one to whom the writ_________ , 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.

Answer 15

is directed

Question 16

7006- Obedience to the Writ

A person upon whom the writ is directed shall obey the writ unless the person in their custody is __________ to make the required trip

Answer 16

too sick

Question 17

7006- Obedience to the Writ

If a person to whom it is directed refuses or neglects to obey the writ without cause, the court shall forthwith issue a ____________ against him directed to a sheriff in the county where such person may be found

• Where such person is a __________ the warrant shall be directed to a person specifically designated to execute it.
• Such person taken into custody may be a non-compliant sheriff to whom the writ is directed, in such case he is to be held in custody in a jail ____________________

Answer 17

warrant of attachment …….. sheriff,……….. other than his own

Question 18

7006- Obedience to the Writ

A writ shall not be disobeyed for a __________ , as long as the ___________ of the person detained is ascertainable

Answer 18

defect in form…… identity

Question 19

7007- Warrant Preceding or Accompanying Writ

• Where it appears the person wrongfully detained may be __________ from the state or suffer irreparable _________ before relief from a habeas corpus proceeding can occur, the court shall issue a _____________ directing the immediate delivery of the person detained before the court
• A writ of habeas corpus directed to the person having ____________ of the person detained shall also be issued.
• Where it appears that the detention constitutes a ____________ the warrant may order the apprehension of the person responsible for the detention, who shall then be brought before the court issuing the warrant and examined as in a criminal case.

Answer 19

Removed …. injury ……… warrant of attachment ……. custody …… criminal offense,

Question 20

7008- Return

The “RETURN” shall consist of an affidavit to be served in the same manner as an ___________in a special proceeding and filed at the time and place directed in the writ, or if the writ is returnable forthwith, within ____________ after its service

Answer 20

answer ………. TWENTY FOUR (24) hours

Question 21

7009- Hearing

Where the detention is by virtue of a mandate, the court shall not adjudicate the issues until written notice of the time and place of a hearing is served either personally__________ prior to the hearing or as the court directs, upon:

1. Where the mandate was issued in a________________ , upon the person interested in continuing the detention, or upon his attorney
2. When the person detained is by order of the _______________, service shall be upon the judge who made the order. In all such proceedings the court shall be represented by the __________________.
3. In any other case, upon the___________ of the county in which the person was detained when the writ was served and upon the district attorney of the county from which he was ______________

Answer 21

EIGHT (8) DAYS… civil cause….. family court……….. attorney general……. district attorney……. committed.

Question 22

7009- Hearing

The court shall proceed in a ________________ at the hearing.

Answer 22

summary manner

Question 23

7009- Hearing

(Bard) If the person detained is too sick or infirm to attend the hearing, the hearing can be held _________ , adjourned, or held at the place where they are ____________

Answer 23

without them……………. detained.

Question 24

7009- Hearing

Pending final disposition, the court may place the person detained in custody or parole him or admit him ________ as justice requires.

Answer 24

to bail

Question 25

7010- Determination of Proceeding If it is found a person is illegally detained they shall be __________

Answer 25

discharged forthwith.

Question 26

7010- Determination of Proceeding - If it is found that bail was set on them in an excessive amount, it will be__________ - If no bail was allowed and should have been, then _____________ will be set

Answer 26

Reduced....reasonable bail

Question 27

7010- Determination of Proceeding If however the person is not ordered discharged or allowed bail then the petition under this section will be ________ and the person will be remanded back to detention from which he came

Answer 27

dismissed

Question 28

7011- Appeal An _________ may be taken from a judgment refusing to grant a writ under this section.

Answer 28

appeal

Question 29

7011- Appeal The _________ may appeal in the name of the state in any case where the _____________ attorney might do so

Answer 29

attorney general …..... district

Question 30

7011- Appeal Where an appeal is taken by the state from a judgment admitting a person to bail, his release shall not be ___________

Answer 30

stayed

Question 31

7012 - Re-detention after Discharge+ A person discharged upon the return of a writ of habeas corpus shall not be detained for the __________ , except by virtue of a subsequent lawful mandate

Answer 31

same cause