§ 1334.Direction and Command of Writ
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1334
Amendment History
R.L. 1910, § 4885.
Plain-English Summary
Once a court grants a writ of habeas corpus, Section 1334 spells out what the writ must say. It's directed to whoever has physical custody of the restrained person and commands that custodian to produce the person before the court or judge at the time and place the court sets.
The writ also requires the custodian to do and receive whatever the court orders concerning the person, and to bring the writ itself to that hearing.
Frequently Asked Questions
Who receives the writ of habeas corpus?
It's directed to whoever has the restrained person in custody - the officer or party holding them.
What must the custodian do after receiving the writ?
Bring the person before the court or judge at the specified time and place, and be ready to do and receive what the court orders.
Does the custodian have to bring the writ itself to the hearing?
Yes - the statute requires the writ to be there "then and there" along with the person.