(a) When the writ of habeas corpus is served on the person to whom it is directed, either personally or by being left with any deputy or agent of the person at the place where the prisoner is detained, such person shall, without delay and within 3 days thereafter, produce the body of the prisoner as therein commanded; and shall fully certify in writing and under oath, the true cause or causes of the prisoner’s detainer, and a copy of all process under which the prisoner is detained.

Terms Used In Delaware Code Title 10 Sec. 6907

  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b) The return may be contradicted, and may also be amended.

Code 1852, § ?2548; Code 1915, § ?4480; Code 1935, § ?4932; 10 Del. C. 1953, § ?6907; 70 Del. Laws, c. 186, § ?1;