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 writs of certiorari to inquire into detention. A proceeding under this article is a special proceeding.
§ 7001.Application of article; special proceeding.
Article 70. Habeas Corpus · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7001 applies Article 70's procedures to common-law and statutory writs of habeas corpus, and to common-law writs of certiorari examining the legality of detention, and classifies a proceeding under this article as a special proceeding.
Full Text of CPLR 7001
Plain-English Summary
CPLR 7001 sets the scope of the habeas corpus article. Its procedures apply to writs of habeas corpus, whether they arise under the common law or a specific statute, and to common-law writs of certiorari brought to examine whether a person's detention is lawful. Where some other statute prescribes a different procedure for a particular kind of habeas or certiorari proceeding, that other statute controls instead.
The section also fixes the proceeding's place in the CPLR's structure: a habeas corpus proceeding is a special proceeding. That classification matters because it pulls in the general special-proceeding rules in Article 4 -- how the proceeding is commenced, how it moves on a summary schedule, and how it is decided -- except where Article 70's own provisions set out something different.
Frequently Asked Questions
What kinds of proceedings does CPLR Article 70 cover?
Common-law and statutory writs of habeas corpus, and common-law writs of certiorari brought to inquire into the legality of a person's detention.
Is a habeas corpus proceeding treated as a special proceeding in New York?
Yes, CPLR 7001 classifies it as a special proceeding, which brings in the general Article 4 rules unless Article 70 provides otherwise.
Does Article 70 always apply, even if another statute addresses habeas corpus?
No, section 7001 applies except where another statute prescribes a different procedure for the writ.
What is a writ of certiorari to inquire into detention?
A common-law writ used to examine whether a person's detention is lawful, treated under Article 70 the same way as a habeas corpus proceeding.
Why does it matter that a habeas proceeding is a special proceeding rather than a plenary action?
Special-proceeding treatment brings faster, more summary procedures for commencement and disposition than an ordinary civil action would allow, which fits the urgency of a detention challenge.
Advisory Committee Notes
The first sentence of this section incorporates CPA § 1282. It includes writs of certiorari since they are merged with writs of habeas corpus. The second sentence of this section applies to a habeas corpus proceeding, the provisions of article 4 governing procedure in special proceedings generally. See CPA § 1247 (“a special proceeding instituted by either writ”). The application of article 4 permits the omission of some details of practice provided in the former law and also requires the changing of some terminology. Because of the unique nature of habeas corpus, however, most of former practice has been retained, although not always in conformity with article 4. Except in so far as this article or article 4 otherwise provides, procedure in a habeas corpus proceeding, under the new CPLR, will be the same as in an action. See § 103(b). Thus, provisions of former law which applied specific portions of procedure in an action to habeas corpus have been omitted as unnecessary. See, e.g., CPA § 1266 (final order “enforced in same manner as a judgment”); id. § 1268 (“provisions of this act relating to amendments, motions and intermediate orders in an action”).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: habeas corpus New YorkCPLR 7001 habeas corpus special proceedingNew York habeas corpus procedurewrit of certiorari detention NY