Defendant's Appearance and Return — Answer

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  2. Tennessee Code
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  4. Habeas Corpus
  5. Defendant's Appearance and Return — Answer

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  1. Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required.
  2. The person served with the writ shall state in the return, plainly and unequivocally:
    1. Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully;
    2. If the party is detained under a 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, if required; and
    3. If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made.
  3. The return shall be signed by the person making it, and verified by the oath; unless the person is a sworn public officer, and makes the return in an official capacity.

Code 1858, §§ 3743 — 3745; Shan., §§ 5523 — 5525; Code 1932, §§ 9693 — 9695; T.C.A. (orig. ed.), §§ 23-1822 — 23-1824.

Law Reviews.

Appellate and Post-Conviction Relief in Tennessee (Ronald W. Eades), 5 Mem. St. U.L. Rev. 1.

Criminal Law in Tennessee in 1968 — A Critical Survey (Josephe G. Cook), 36 Tenn. L. Rev. 221.

Recent Developments in Tennessee and Federal Procedure (Donald F. Paine), 36 Tenn. L. Rev. 276.

Cited: Brown v. State, 1 Tenn. Crim. App. 462, 445 S.W.2d 669, 1969 Tenn. Crim. App. LEXIS 335 (Tenn. Crim. App. 1969); Douglas v. Easterling, — S.W.3d —, 2010 Tenn. Crim. App. LEXIS 1096 (Tenn. Crim. App. Dec. 29, 2010).


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