(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, shall make a return to it and, if required by it, produce the body of the person detained at the time and place specified, unless the person detained is too sick or infirm to make the required trip. A writ of habeas corpus shall not be disobeyed for defect of form so long as the identity of the person detained may be derived from its contents.
§ 7006.Obedience to the writ.
Article 70. Habeas Corpus · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7006 requires whoever is served with a habeas corpus writ to file a return and produce the detained person unless too sick to travel, and lets the court issue a warrant of attachment -- and even jail the custodian -- if the writ is disobeyed without good cause.
Full Text of CPLR 7006
(b) Compelling obedience. If the person upon whom the writ or a copy thereof is served refuses or neglects fully to obey it, without showing sufficient cause, the court before whom the writ is returnable, upon proof of its service, shall forthwith issue a warrant of attachment against him directed to the sheriff in any county in which such person may be found requiring him to be brought before the court issuing the warrant; he may be ordered committed in close custody to the county jail until he complies with the order of the court. Where such person is a sheriff, the warrant shall be directed to a person specifically designated to execute it. Such person shall have power to call to his aid the same assistance as the sheriff in executing the warrant; a sheriff shall be committed to a jail in a county other than his own.
(c) Precept to bring up person detained. A court issuing a warrant of attachment as prescribed in subdivision (b) may at the same time, or thereafter, issue a precept to the person to whom the warrant is directed ordering him immediately to bring before the court the person detained.
Plain-English Summary
CPLR 7006 gives the writ teeth. Anyone served with it, whether or not it names them directly, must respond with a return and, if the writ requires it, bring the detained person to the specified time and place -- unless that person is too sick or infirm to make the trip. A writ is not thrown out over a technical defect in its form, so long as the contents make clear who the detained person is.
Subdivision (b) covers what happens when someone refuses or neglects to obey, without a sufficient excuse. The court before which the writ is returnable, once it has proof the writ was served, must issue a warrant of attachment against that person, directed to the sheriff of any county where they can be found, ordering them brought before the court. The court can commit the disobedient custodian to the county jail until they comply. If the custodian who disobeyed happens to be a sheriff, the warrant goes to someone specifically appointed to execute it, and that appointee gets the same power to call on assistance that a sheriff would have -- and a disobedient sheriff is jailed in a different county than their own.
Subdivision (c) lets the court pair the warrant of attachment with a further order: a precept directing the person the warrant reaches to bring the detained person before the court right away, issued at the same time as the warrant or afterward.
Frequently Asked Questions
What must a person served with a habeas corpus writ do?
File a return and, if the writ requires it, produce the detained person at the specified time and place, unless that person is too sick or infirm to be brought.
Can a technical defect in the writ's form excuse disobedience?
No, a writ of habeas corpus is not to be disobeyed for a defect in form so long as the identity of the detained person can be derived from its contents.
What happens if someone refuses to obey a habeas corpus writ?
The court issues a warrant of attachment against that person, directed to a sheriff, and can commit the person to the county jail until they comply.
What if the person disobeying the writ is a sheriff?
The warrant is directed to someone specifically designated to execute it instead, and a disobedient sheriff is committed to a jail outside their own county.
Can a court order the detained person brought before it after issuing a warrant of attachment?
Yes, the court can issue a precept, at the same time as the warrant or later, ordering the detained person brought before it immediately.
Advisory Committee Notes
Subd (a) of this section is derived from CPA § 1240, subds 1 and 3 of § 1244 and part of § 1246. Since it is possible that the writ will not require production of the prisoner (see § 7003(a)), the phrase “if required by it” is used in this subdivision.
Subd (b) of this section is derived from CPA § 1248. Language has been simplified with no change in meaning intended. The procedure outlined has been held to be the exclusive remedy for a refusal or neglect to obey a writ of habeas corpus requiring production of a child. Application of Hebo, 95 NYS2d 545, 548 (Sup Ct 1950); People ex rel. Kniffin v Knight, 184 Misc 545, 551–54, 56 NYS2d 108, 114–16 (Sup Ct 1945). The discussion in the Knight opinion indicates that it is also the exclusive remedy in other habeas corpus cases. CPA § 1250 which permitted the sheriff, coroner or other person to seek assistance, has been incorporated in this subdivision. Cf. County Law §§ 652–655 (authorizing appointment of special deputies).
Subd (c) of this section is derived from CPA § 1249. The part of the latter provision which dealt with custody of the person for whose benefit the writ was issued is covered in § 7009(e). Minor language changes have been made without a change of meaning. The word “immediately” is used in place of “forthwith.” See subd (a), § 7007. The power of the court to appoint a substitute for the sheriff and for such substitute to seek assistance is implied from the preceding subdivision.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 532, 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: CPLR 7006 obedience to writhabeas corpus warrant of attachment New Yorkrefusing to obey habeas corpus writ NY