Kentucky Statutes 419.070 – Response to writ
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(1) The person commanded by the writ may file a response in which he shall state whether he has the party in his custody, or under his power of restraint.
(2) If he has the party in his custody or under his power of restraint, he shall state the authority for and cause of such custody or restraint. If the detention is by virtue of a legal process, a copy thereof must be annexed to the response.
(3) If he had the party in his custody or under his power of restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the response must state particularly to whom, at what time and place, for what cause and by what authority such transfer took place.
(4) The response must be signed by the party making it or his attorney in accordance with the Rules of Civil Procedure governing the signing of pleadings.
History: Created 1962 Ky. Acts ch. 234, sec. 24.
(2) If he has the party in his custody or under his power of restraint, he shall state the authority for and cause of such custody or restraint. If the detention is by virtue of a legal process, a copy thereof must be annexed to the response.
Terms Used In Kentucky Statutes 419.070
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(3) If he had the party in his custody or under his power of restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the response must state particularly to whom, at what time and place, for what cause and by what authority such transfer took place.
(4) The response must be signed by the party making it or his attorney in accordance with the Rules of Civil Procedure governing the signing of pleadings.
History: Created 1962 Ky. Acts ch. 234, sec. 24.