Florida Statute 79.6 - 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. 79.06

79.06 Effect of the return.—

(1) GENERALLY.—The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice or judge before whom the return is made may examine into the cause of the imprisonment or detention, receive evidence in contradiction of the return, and determine it as the truth of the case requires.

(2) IN CASES OF CONTEMPT.—On the return of the writ when the cause of detention appears to be a contempt, plainly and specifically charged in the commitment by some court officer or body having authority to commit for the contempt so charged and for the time stated, the court, justice or judge before whom the writ is returnable shall remand the prisoner forthwith if the time for detention for contempt has not expired.

History.—s. 6, Sept. 16, 1822; s. 6, ch. 3129, 1879; RS 1775; GS 2252; RGS 3575; CGL 5439; s. 29, ch. 67-254.

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Amendments to 79.06

Annotations, Discussions, Cases:

Cases Citing Statute 79.06

Total Results: 7

Sullivan v. State Ex Rel. McCrory

49 So. 2d 794, 1951 Fla. LEXIS 1780

Supreme Court of Florida | Filed: Jan 5, 1951 | Docket: 1450964

Cited 10 times | Published

not conclusive of the facts stated therein, Section 79.06, Florida Statutes, same F.S.A., the allegations

Simpson v. Hirshberg

30 So. 2d 912, 159 Fla. 25, 1947 Fla. LEXIS 674

Supreme Court of Florida | Filed: May 20, 1947 | Docket: 3262220

Cited 7 times | Published

the grantees was void. 16 Am. Jur., page 483, Section 79; 6 Thompson on Real Property, p. *Page 30 318

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

determine it as the truth of the case requires." § 79.06(1). The court then determines the legality of the

Ago

Florida Attorney General Reports | Filed: Oct 6, 1989 | Docket: 3256606

Published

or 132). 4 26 U.S.C. ss. 105, 106. 5 26 U.S.C. § 79. 6 26 U.S.C. § 120. 7 26 U.S.C. § 129. 8 See, Yates

Grayson v. Wainwright

330 So. 2d 461, 1976 Fla. LEXIS 4432

Supreme Court of Florida | Filed: Apr 7, 1976 | Docket: 64553364

Published

evidence in contradiction of the return.” Fla.Stat. § 79.06(1) (197S). The detainer lodged by the Louisiana

Boyd v. Cochran

118 So. 2d 627, 1960 Fla. LEXIS 2567

Supreme Court of Florida | Filed: Mar 9, 1960 | Docket: 60194473

Published

is not conclusive of the facts stated therein, § 79.06(1), F.S.A., its allegations are taken as true until

Puleo v. State

109 So. 2d 39

District Court of Appeal of Florida | Filed: Feb 6, 1959 | Docket: 60191897

Published

corpus statute (section 1775, Rev.St.1892 [F.S.A. § 79.06]) seems to recognize habeas corpus as an appropriate