§ 7012. Redetention after discharge. A person discharged upon the return of a writ of habeas corpus shall not be detained for the same cause, except by virtue of a subsequent lawful mandate.
A person discharged on a habeas return shall not be re-detained for the same cause — except by a subsequent lawful mandate. ★
★ Exam hits:
Habeas is a special proceeding (§ 7001) — fast and summary; the court shall issue the writ without delay on any day (§ 7003).
Wrongful refusal to issue = $1,000 forfeit to the detained person (§ 7003(c)).
Where to petition: Supreme Court/AD in the district of detention, any Supreme Court justice, or a county judge in the county of detention (adjoining county if none available). Special NYC (1,000,000+) rule → county where the charge is pending (§ 7002(b)).
Return deadline: filed at the time in the writ, or within 24 hours if returnable forthwith (§ 7008).
Hearing notice: personal service 8 days before the hearing where detention is by mandate (§ 7009(a)).
Three outcomes: discharge, bail (reduce/grant), or remand (§ 7010). No discharge for a mere form defect in the commitment.
A discharged person can't be re-detained for the same cause absent a new lawful mandate (§ 7012).
Verbatim statute: CPLR - Article 70
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.