When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing, to the court or judge before whom the writ is returnable, plainly and unequivocally:
(A) Whether or not he has the prisoner in his custody or power or under restraint.
(B) If the prisoner is in his custody or power or under restraint, he shall set forth, at large, the authority, and the true and whole cause, of such imprisonment and restraint, with a copy of the writ, warrant, or other process upon which the prisoner is detained.
(C) If such prisoner was in his custody or power or under restraint, and such custody or restraint was transferred to another, he shall state particularly to whom, at what time, for what cause, and by what authority such transfer was made.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1961–2026 · leading case: Chari v. Vore, 744 N.E.2d 763 (Ohio 2001).
Chari v. Vore, 744 N.E.2d 763 (Ohio 2001). · cites it 2דUnder R.C. 2725.14, the sheriff was required to specify in his return only that he had Chari in his custody and the authority for Chari’s imprisonment.”
Chari v. Vore, 2001 Ohio 49 (Ohio 2001). · cites it 2דUnder R.C. 2725.14, the sheriff was required to specify in his return only that he had Chari in 4 January Term, 2001 his custody and the authority for Chari’s imprisonment.”
McIntyre v. Hooks (Slip Opinion), 2020 Ohio 3529 (Ohio 2020). · cites it 2דAfter we ordered a return of writ, Hooks filed a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim.”
Hammond v. Dallman, 590 N.E.2d 744 (Ohio 1992). “” R.C. 2725.14 states: “When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing, to…”
State ex rel. Harris v. Anderson, 667 N.E.2d 1 (Ohio 1996). “, R.C. 2725.14 and 2725.15; Hammond v. Dallman (1992), 63 Ohio St.”
State ex rel. Bradford v. Bowen, 2023 Ohio 1105 (Ohio 2023). · cites it 6ד15 provides that “[t]he return or statement referred to in [R.C. 2725.14] shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his official capacity.”
Sargent v. Leis, 825 N.E.2d 178 (Ohio Ct. App. 2005). “{¶ 9} When the return sets forth the sheriffs justification for the petitioner’s detention as specified for habeas corpus in R.C. 2725.14, the petitioner has the burden of going forward with the evidence, the burden of production, to prove that bail is excessive.”
Montanez v. May, 2026 Ohio 90 (Ohio 2026). “{¶ 16} Montanez also maintains that the court of appeals erroneously dismissed his petition for a writ of habeas corpus because the warden failed to file a return in compliance with R.C. 2725.14. Contrary to Montanez’s claim, the Fifth District was permitted to sua sponte treat…”
Young v. Bunting, 2014 Ohio 3671 (Ohio Ct. App. 2014). “” R.C. 2725.14. Thus, “where the return sets forth justification for the detention of the petitioner, the burden of proof is on the petitioner to establish his right to release.”
Wilburn v. Alexander, 634 N.E.2d 1025 (Ohio 1994). “IT IS FURTHER ORDERED by the court that the writ shall be served upon respondent, George Alexander, Warden, Pickaway Correctional Institute, and that the respondent shall make due return of the writ 'on or before July 7, 1994, as prescribed in R.C. 2725.14. IT IS FURTHER ORDERED…”
State ex rel. Harris v. Anderson, 1996 Ohio 412 (Ohio 1996). “, R.C. 2725.14 and 2725.15; Hammond v. Dallman (1992), 63 Ohio St.”
In re Lambacher, 176 N.E.2d 312 (Ohio Ct. App. 1961). · cites it 2דUpon the issuance of an alternative writ, the Sheriff fifed his return, as required by Section 2725.14, Eevised Code, admitting that the petitioner was in his custody by virtue of an order of attachment issued by one, Leo E.”
McIntyre v. Hooks (Slip Opinion), 2020 Ohio 3529 (Ohio 2020). “After we ordered a return of writ, Hooks filed a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim.”
— Ohio Rev. Code § 2725.14(B) — 2 cases
McIntyre v. Hooks (Slip Opinion), 2020 Ohio 3529 (Ohio 2020). “After we ordered a return of writ, Hooks filed a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim.”
State ex rel. Bradford v. Bowen, 2023 Ohio 1105 (Ohio 2023). “15 provides that “[t]he return or statement referred to in [R.C. 2725.14] shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his official capacity.”
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