CPLR § 7005

Service of the writ

§ 7005. Service of the writ. A writ of habeas corpus may be served on any day. Service shall be made by delivering the writ and a copy of the petition to the person to whom it is directed. If he cannot with due diligence be found, the writ may be served by leaving it and a copy of the petition with any person who has custody of the person detained at the time. Where the person to whom the writ is directed conceals himself or refuses admittance, the writ may be served by affixing it and a copy of the petition in a conspicuous place on the outside either of his dwelling or of the place where the person is detained and mailing a copy of the writ and the petition to him at such dwelling or place, unless the court which issues the writ determines, for good cause shown, that such mailing shall be dispensed with, or directs service in some other manner which it finds reasonably calculated to give notice to such person of the proceeding. If the person detained is in the custody of a person other than the one to whom the writ is directed, a copy of the writ may be served upon the person having such custody with the same effect as if the writ had been directed to him.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/7005

In plain English

Serve on any day. Delivery of the writ + copy of the petition to the person directed. If he can't be found with due diligence, leave it with whoever has custody. If he hides or refuses entry, serve by affixing it conspicuously on his dwelling or the place of detention and mailing a copy — unless the court, for good cause, dispenses with mailing or directs another reasonable method. If a different person has actual custody, serving that person has the same effect. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.