California · Penal Code

PEN §1480: The person upon whom the writ is served must state in his return, plainly and unequivocally: 1.

Civil

What this law says, in plain English

This statute sets out procedural requirements for how a person served with a habeas corpus writ must respond, including disclosing custody status, stating reasons for detention, and providing required documentation and verification.

Read the full statutory text
The person upon whom the writ is served must state in his return, plainly and unequivocally: 1. Whether he has or has not the party in his custody, or under his power or restraint; 2. If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint; 3. If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the Court or Judge on the hearing of such return; 4. If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place; 5. The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.