A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authority and cause in detail.

Terms Used In Arizona Laws 13-4128

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Oath: A promise to tell the truth.
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

B. If the party is restrained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge on the hearing of the return.

C. If the person upon whom the writ is served has had the party in his custody or under his power or restraint any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly at what time and place, for what reason and by what authority the transfer was made.

D. The return shall be signed by the person making it, and, except when such person is a public officer who has taken the oath of office and makes the return in his official capacity, it shall be verified by his oath or affirmation.