Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6504 (2026)

Return on writ.

✓ current as of May 2026

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§ 6504. Return on writ.

The writ, or the order to show cause why the writ should not issue, shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding 20 days, is allowed. The person to whom the writ or the order is directed shall make a return certifying the true cause of the detention and, except as otherwise prescribed by general rules or by rule or order of court, shall produce at the hearing the body of the person detained.

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

Notes of Decisions

Cited in 6 cases, 1984–2017 · leading case: Commonwealth v. Lantzy, 712 A.2d 288 (Pa. Super. Ct. 1998).

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Commonwealth v. Lantzy, 712 A.2d 288 (Pa. Super. Ct. 1998). · cites it 4× “" 42 Pa.C.S. § 6504. [13] (emphasis added) See: Commonwealth v.”

Winklespecht v. Pennsylvania Bd. of Prob. & Parole, 813 A.2d 688 (Pa. 2002). · cites it 2× “" 42 Pa.C.S. § 6504. [2] Following review, if the issuing court finds merit to the allegations of wrongful detention, the ultimate remedy is a release from custody or confinement.”

Commonwealth v. Carbo, 822 A.2d 60 (Pa. Super. Ct. 2003). · cites it 2× “The reason for the use of the phrase "facts and circumstances" is that the Commonwealth, in response to a petition for writ of habeas corpus, is not restricted by the evidence produced at the preliminary hearing but rather is free to and in the exercise of its duties should…”

Commonwealth ex rel. Roth v. Kozakiewicz, 485 A.2d 843 (Pa. Commw. Ct. 1984). “the writ itself, but a rule to show cause why it should not be issued, pursuant to 42 Pa. C. S. §6504. On the return day, the warden presented the equity court’s commitment as his basis for having custody of the defendant.”

Com. Ex Rel. T. Connelly v. R. Gilmore (Pa. Commw. Ct. 2017). · cites it 4× “2 Discussion Connelly argues that the trial court abused its discretion in refusing to grant his Petition on the following grounds: (1) the trial court dismissed his Petition without a hearing; (2) Gilmore failed to timely respond to the Petition in violation of section 6504 of…”

Commonwealth ex rel. Gay v. Bickle, 65 A.3d 298 (Pa. 2013). “AND NOW, this 19th day of April, 2013, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Habeas Corpus, the “Motion to Make Service of Process on- the Respondents Pursuant to 42 Pa.C.S. § 6504,” and the Application for an Immediate…”

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