The return of the writ must be accompanied by an affidavit and served in the same manner as an answer in a special proceeding; within how many hours must it be filed if returnable forthwith?

The return of the writ must be accompanied by an affidavit and served in the same manner as an answer in a special proceeding; within how many hours must it be filed if returnable forthwith?

• A. 12 hours
• B. 24 hours
• C. 36 hours
• D. 48 hours

Answer: (D)

The key idea here is how quickly a respondent must answer when a writ is deemed returnable forthwith. In such urgent writ situations, the return of the writ must be filed within 48 hours after the writ has been served. This quick 48-hour window ensures the court gets the respondent’s position promptly so the matter can be decided without delay. The return must accompany an affidavit of service and be served in the same manner as an answer in a special proceeding. That requirement keeps the process orderly and ensures proper notice to all parties, just as with other pleadings in special proceedings. The 48-hour limit reflects the urgency of forthwith writs while preserving due process by allowing the respondent to set forth factual and legal grounds in a timely, verifiable way. So, the correct timeframe is 48 hours.

The key idea here is how quickly a respondent must answer when a writ is deemed returnable forthwith. In such urgent writ situations, the return of the writ must be filed within 48 hours after the writ has been served. This quick 48-hour window ensures the court gets the respondent’s position promptly so the matter can be decided without delay.

The return must accompany an affidavit of service and be served in the same manner as an answer in a special proceeding. That requirement keeps the process orderly and ensures proper notice to all parties, just as with other pleadings in special proceedings. The 48-hour limit reflects the urgency of forthwith writs while preserving due process by allowing the respondent to set forth factual and legal grounds in a timely, verifiable way.

So, the correct timeframe is 48 hours.