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60-1504. Answer. (a) Time. Except as provided in subsection (b), the person to whom the writ is directed shall file an answer thereto within 72 hours after the writ is served or at such other time as shall be specified in the writ.

(b) Time; exceptions. If the petition for writ challenges a denial of parole or a prison disciplinary action, the person to whom the writ is directed shall file an answer thereto within 30 days after the writ is served or at such other time as specified in the writ.

(c) Contents. The answer must be verified by the person making it and shall contain: (1) a statement of the authority or reasons for the restraint, (2) a copy of the written authority for the restraint, if any, (3) if the custody of the party has been transferred, a statement as to whom, the time, place, and reason for the transfer, and (4) if it is claimed that the party cannot be produced for any reason, a statement as to the reasons why the party cannot be produced.

(d) Truth of contents. The contents of the answer, if not controverted by the plaintiff, shall be accepted as true except as to the extent that the judge finds from the evidence that the contents are not true.

History: L. 1963, ch. 303, 60-1504; L. 1994, ch. 227, § 5; July 1.

Source or prior law:

(a). G.S. 1868, ch. 80, § 667; L. 1909, ch. 182, § 695; R.S. 1923, 60-2209.

(b). G.S. 1868, ch. 80, § 668; L. 1909, ch. 182, § 696; R.S. 1923, 60-2210.

Law Review and Bar Journal References:

Prior law mentioned in discussing post conviction motions, J. Richard Foth and Arthur E. Palmer, 12 K.L.R. 493 (1964).

Paragraph (b)(3); prior law cited in 1963-65 survey of family law, John W. Brand, Jr., and Dan Hopson, Jr., 14 K.L.R. 71, 285 (1965).


Prior law cases, see G.S. 1949, 60-2209, 60-2210.

1. Attorney employed to obtain child for clients required to divulge their names in action by natural father for custody. Olney v. Hobble, 193 K. 692, 694, 695, 396 P.2d 367.

2. Sufficiency of answer considered in action brought for possession of minor children. Murphy v. Murphy, 196 K. 118, 121, 410 P.2d 252.

3. There must be a verified answer to a writ but such answer does not require a reply. Miracle v. Miracle, 208 K. 167, 178, 490 P.2d 638.

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