Florida Statutes
Fla. Stat. § 79.06 (2025)
Effect of the return.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1951–1997 · leading case: Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997).
Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). “" § 79.06(1). The court then determines the legality of the detention and "shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and evidence require.”
Sullivan v. State Ex Rel. McCrory, 49 So. 2d 794 (Fla. 1951). “It should also be noted that, although the officer's return to the writ is not conclusive of the facts stated therein, Section 79.06, Florida Statutes, same F.S.”
Puleo v. State, 109 So. 2d 39 (Fla. 2d DCA 1959). “1892 [F.S.A. § 79.06]) seems to recognize habeas corpus as an appropriate remedy, by declaring the extent of the relief to be granted where the party is imprisoned for contempt.”
Grayson v. Wainwright, 330 So. 2d 461 (Fla. 1976). “Because of the view we take of this case, and in the absence of any traverse of the return, we have dispensed with a hearing to “receive evidence in contradiction of the return.”
Boyd v. Cochran, 118 So. 2d 627 (Fla. 1960). “While the return to the writ is not conclusive of the facts stated therein, § 79.06(1), F.S.A., its allegations are taken as true until impeached, and evidence is not needed to support an uncontroverted return.”
— 79.06(1) — 3 cases
Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). “" § 79.06(1). The court then determines the legality of the detention and "shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and evidence require.”
Grayson v. Wainwright, 330 So. 2d 461 (Fla. 1976). “Because of the view we take of this case, and in the absence of any traverse of the return, we have dispensed with a hearing to “receive evidence in contradiction of the return.”
Boyd v. Cochran, 118 So. 2d 627 (Fla. 1960). “While the return to the writ is not conclusive of the facts stated therein, § 79.06(1), F.S.A., its allegations are taken as true until impeached, and evidence is not needed to support an uncontroverted return.”
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