CPLR § 7007

Warrant preceding or accompanying writ

§ 7007. Warrant preceding or accompanying writ. A court authorized to issue a writ of habeas corpus, upon satisfactory proof that a person is wrongfully detained and will be removed from the state or suffer irreparable injury before he can be relieved by habeas corpus, shall issue a warrant of attachment directed to an appropriate officer requiring him immediately to bring the person detained before the court. A writ of habeas corpus directed to the person having custody of the person detained shall also be issued. Where it appears that the detention constitutes a criminal offense, the warrant may order the apprehension of the person responsible for the detention, who shall then be brought before the court issuing the warrant and examined as in a criminal case.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/7007

In plain English

On proof someone is wrongfully detained and will be removed from the state or suffer irreparable injury before habeas can help, the court shall issue a warrant of attachment to bring the person in immediately, plus the habeas writ. If the detention is itself a crime, the warrant may order the arrest of the responsible person, who is then examined as in a criminal case. ★

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.