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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-16/000.00 Writ of Habeas Corpus / 6-16/500.00 Service of Writ of Habeas Corpus

6-16/500.20 Service On Sheriff’s Department


6-16/500.10 Service Requested
6-16/600.00 Disobedience to Writ

If a Writ of Habeas Corpus is served on the Sheriff’s Department, CMB personnel shall follow Patrol Station procedures as outlined in MPP 5-07/040.10 – Procedure When Served At Stations.  CMB personnel shall accept Writs of Habeas Corpus and forward them to the appropriate Watch Commander (IRC, CRDF or in the case of juveniles, to the Safe Streets Bureau).

If a Writ of Habeas Corpus is received for a prisoner previously released, accept the Writ and forward it to the IRC Watch Commander.

The Station Deputy accepting a Writ of Habeas Corpus shall:

  • Initial the process and stamp it with the date and time received; and
  • Forward the Writ of Habeas Corpus to IRC immediately.

The Inmate Reception Center is responsible for answering Habeas Corpus Writs.  (MPP 2-09/030.20 – Inmate Reception Center)   IRC will make the return on all Writs of Habeas Corpus for criminal cases including sentenced and unsentenced prisoners.  Returns on Writs of Habeas Corpus involving civil cases will be made by the County Counsel. (5-07/040.20 – Inmate Reception Center (IRC) Procedure)