Florida Statutes
Fla. Stat. § 79.04 (2025)
Return to writ.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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79.04 Return to writ.—
(1) The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, justice or judge before whom the writ is made returnable without delay and at the same time certify to the cause of the detention.
(2) When the writ is issued, the court shall set an early return date, at which time the formal return of the defendant shall be made. In the absence of a motion to quash or a motion for discharge notwithstanding the return, issue is joined when the return is filed and the action shall be ready for final disposition.
History.—s. 2, Sept. 16, 1822; s. 2, ch. 3129, 1879; RS 1773; GS 2250; RGS 3573; CGL 5437; s. 29, ch. 67-254.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1997–2024 · leading case: Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997).
Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). “630 does not provide for the petitioner to reply to the response, section 79.04(2) recognizes the right of the petitioner to file a motion to quash the return, or a motion to discharge notwithstanding the return.”
Quarles v. State, 56 So. 3d 857 (Fla. 1st DCA 2011). “The order dismissing the complaint is REVERSED and the cause REMANDED for the entry of an order requiring the Department to “certify to the cause of the detention,” as described by section 79.04, Florida Statutes, and for further proceedings by the trial court.”
Robert Jones A/K/A Obadyah Baraq Yisrael v. State of Florida - State of Florida Dep't of Corr. & Florida Comm'n on Offender Review (Fla. 5th DCA 2024). “Because the petition was facially sufficient to state a prima facie case for relief, the order of dismissal is REVERSED and the cause REMANDED for the entry of an order requiring the Department of Corrections to “certify to the cause of the detention,” as described by section…”
— 79.04(2) — 1 case
Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). “630 does not provide for the petitioner to reply to the response, section 79.04(2) recognizes the right of the petitioner to file a motion to quash the return, or a motion to discharge notwithstanding the return.”
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