Section 6.3402. Application for writ.
Application for a writ of
habeas corpus is by written statement under oath by the party for whose relief
it is intended, or by a person on his behalf, setting forth the facts concerning
the imprisonment or restraint, and, if known, the name of the person who has
custody over him, and the authority for the restraint or
Section 6.3403. Court staff.
The Court staff
immediately brings an application for a writ of habeas corpus to the Court's
Section 6.3404. Show cause order.
Within twenty four hours
of receipt of an application for a writ of habeas corpus the Court issues an
order directing the person alleged in the application to have custody to show
cause why the writ should not issue, unless it finds that the application does
not warrant relief. A hearing on the order occurs within twenty-four hours
of its issuance. Before or at the hearing the person to whom the Court
directs the order makes response by stating under oath the true cause of the
detention, and, unless the application for the writ and the response present
only issues of law, the person to whom the Court directs the order brings the
detained person to the hearing, unless the Court determines that because of the
person's illness or weakness he should not attend. The applicant, or the
person detained, may under oath deny the facts in the response, or state any
other material facts. The application, the response, and written
suggestions made against either of them are subject to amendment by leave of
Court. If the person to whom the Court directs the order does not respond,
or does not appear at the hearing, the Court may proceed without
Section 6.3405. Issuance or denial [of] writ.
Upon hearing an
application for writ of habeas corpus the Court without delay or formality
determines the facts and denies the writ, or grants the writ conditionally or
unconditionally, discharging the person for whose relief the application was
brought or making an order for his disposition as law and justice
Section 6.3406. Evidence.
The Court may receive
evidence orally or by deposition, or in the Court. s discretion, by written
statement under oath. A party has the right to propound written
interrogatories to a person who made a written statement under oath or to file
an answering written statement under oath. Documentary evidence, a transcript of
proceedings upon arraignment, plea, or sentence, and a transcript of oral
testimony introduced in a previous application for writ of habeas corpus by or
on behalf of the same person are admissible in evidence. The Court accepts
a declaration in a response to an order to show cause in a habeas corpus
proceeding as true, if not formally denied, except to the extent that the Court
from the evidence finds that it is not true.
A final order in a habeas
corpus proceeding is subject to appeal. The Court may stay execution of
the order, admit the person imprisoned or restrained to bail pending action on
appeal, or direct that the final order take effect pending action on appeal or
without waiting for the time for filing notice of appeal to