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Important Legal Definitions

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Return to the Writ

Prerogative Writs & Extraordinary Remedies

Definition

The formal counter-affidavit and written report submitted by a respondent authority to the constitutional court showing cause and producing original official files to justify the legality of the challenged act or detention.

Example

In response to a Habeas Corpus petition, the Commissioner of Police files a verified return to the writ attaching the original magistrate's remand order and medical examination reports.