Florida Statute 79.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.04

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.

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Amendments to 79.04

Annotations, Discussions, Cases:

Cases Citing Statute 79.04

Total Results: 5

Quarles v. State

56 So. 3d 857, 2011 Fla. App. LEXIS 2677, 2011 WL 711998

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2363188

Cited 2 times | Published

the cause of the detention," as described by section 79.04, Florida Statutes, and for further proceedings

Bard v. Wolson

687 So. 2d 254, 1996 WL 685577

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718423

Cited 2 times | Published

for the petitioner to reply to the response, section 79.04(2) recognizes the right of the petitioner to

Eddie I. Sierra v. City of Hallandale Beach, Florida

904 F.3d 1343

Court of Appeals for the Eleventh Circuit | Filed: Sep 27, 2018 | Docket: 7945563

Cited 1 times | Published

closed-captioning requirements. See 46 C.F.R. § 79.4 (e). *1348 B. We begin our

Robert Jones A/K/A Obadyah Baraq Yisrael v. State of Florida - State of Florida Department of Corrections and Florida Commission on Offender Review

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68980756

Published

the cause of the detention,” as described by section 79.04, Florida Statutes, and for further proceedings

AFC Franchising, LLC v. Danilo Purugganan

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2022 | Docket: 64885010

Published

ing promises. See, e.g., 15 Corbin on Contracts § 79.4 (2022); The Bremen, 407 U.S. at 11. And even beyond