The capias does not have to state a time when it is to be returned to the court.

• A. True
• B. False
• C. Only if issued by a magistrate
• D. It must state a return time in all cases

Answer: (B)

A capias is a writ commanding the arrest of a person and bringing them before the court. The timing aspect is about when that person must be produced. In practice, capias orders often specify a time frame for appearance—such as return “forthwith” or by a certain date—so that the court ensures timely appearance. There are exceptions where immediate arrest is the goal or the person is already in custody, but the notion that a capias never needs a return time isn’t universally correct. Therefore, the statement is not universally true.