§ 1338.Return of Writ - Enforcing Obedience

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1338 requires the sheriff or other custodian to make an immediate return on a habeas corpus writ, and lets the court enforce compliance by attachment when the custodian neglects to return the writ or refuses to produce the person without sufficient excuse.

Full Text of § 1338

Text size

The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he neglect or refuse, after due service, to make return, or shall refuse or neglect to obey the writ by producing the party named therein, and no sufficient excuse be shown for such neglect or refusal, the court shall enforce obedience by attachment.

End

Amendment History

R.L. 1910, § 4889.

Plain-English Summary

Serving the writ is only the first step - Section 1338 requires the custodian to respond to it right away. That response is called a "return," and it has to come after due service.

If the custodian neglects or refuses to make a return, or refuses or neglects to produce the person named in the writ, and offers no sufficient excuse, the court can enforce obedience by attachment - a coercive order backed by the court's contempt power.

Frequently Asked Questions

What is a "return" in a habeas corpus case?

It's the custodian's required response to the writ, explaining the custody and, when ordered, producing the person.

What happens if the custodian ignores the writ?

The court can enforce obedience by attachment when there's no sufficient excuse for the neglect or refusal.

Is any excuse for not producing the person acceptable?

Only a sufficient one - the statute leaves that judgment to the court.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: habeas corpus return requirementenforcing habeas corpus writ oklahomacontempt for ignoring habeas corpus writ