Florida Statute 79.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

View Entire Chapter

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.

F.S. 79.06 on Google Scholar

F.S. 79.06 on CourtListener

Amendments to 79.06

Annotations, Discussions, Cases:

Cases Citing Statute 79.06

Total Results: 7 | Sort by: Relevance | Newest First

Copy

Sullivan v. State Ex Rel. McCrory, 49 So. 2d 794 (Fla. 1951).

Cited 10 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1780

...Sevy, 103 Utah 220, 134 P.2d 1081; Ex parte Tail, 144 Neb. 820, 14 N.W.2d 840; Jung Woon Kay v. Carr, 9 Cir., 88 F.2d 297; In re Egan, 24 Cal.2d 323, 149 P.2d 693. 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.A., the allegations of the return are taken as true until impeached, and evidence is not needed to support an uncontroverted return....

Copy

Simpson v. Hirshberg, 30 So. 2d 912 (Fla. 1947).

Cited 7 times | Published | Supreme Court of Florida | 159 Fla. 25, 1947 Fla. LEXIS 674

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

Copy

Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 685577

...Once the respondent has filed its response and the petitioner has replied thereto, the court "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." § 79.06(1)....

Copy

Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

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

Copy

Boyd v. Cochran, 118 So. 2d 627 (Fla. 1960).

Published | Supreme Court of Florida | 1960 Fla. LEXIS 2567

...Cochran, Jr., Director, Division of Corrections. To this writ respondent has now filed a return alleging matters which, if true, show cause why petitioner is legally detained and imprisoned by him. 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....

Copy

Puleo v. State, 109 So. 2d 39 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida

...urt for mere errors or irregularities, that generally no appeal lies from such an order, but that the question of jurisdiction to make it can be inquired into by writ of habeas corpus; and our habeas corpus statute (section 1775, Rev.St.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....

Copy

Grayson v. Wainwright, 330 So. 2d 461 (Fla. 1976).

Published | Supreme Court of Florida | 1976 Fla. LEXIS 4432

...entered into between myself and the Governor of Florida. 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.” Fla.Stat. § 79.06(1) (197S)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.