RulesofCivilProcedure.com Civil Procedure · Every State

§ 1334.Direction and Command of Writ

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1334 directs the habeas corpus writ to the officer or party holding a person under restraint, ordering that person to bring the detainee before the court or judge at a set time and place.

Full Text of § 1334

Text size

The writ shall be directed to the officer or party having the person under restraint, commanding him to have such person before the court, or judge, at such time and place as the court or judge shall direct, to do and receive what shall be ordered concerning him and have then and there the writ.

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.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: habeas corpus writ contents oklahomawho is habeas corpus directed toproducing prisoner in court habeas corpus