KSC, TITLE 6.  THE JUDICIARY
 
 
Chapter 34.  Habeas Corpus

Section 6.3401.  Writ of habeas corpus.
Section 6.3402.  Application for writ.
Section 6.3403.  Court staff.
Section 6.3404.  Show cause order.
Section 6.3405.  Issuance or denial [of] writ.
Section 6.3406.  Evidence.
Section 6.3407.  Appeal.

      Section 6.3401.  Writ of habeas corpus.
       The Court may grant a writ of habeas corpus upon application by a person unlawfully imprisoned or restrained of his liberty under any pretense, or by a person on his behalf, for a writ to inquire into the cause of imprisonment or restraint.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      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 imprisonment.

      Section 6.3403.  Court staff.
       The Court staff immediately brings an application for a writ of habeas corpus to the Court's attention.

      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 him.

      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 require.

      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.

      Section 6.3407.  Appeal.
       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 expire.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
n BodyOnKeyPress(nCode) { if (nCode == 27) //ESC { window.parent.cancelButtonClick(); } }

Unable to display the privacy policy of . To view the privacy policy, contact the Web site directly.

There was a syntax error in the policy.

Unable to display the privacy policy of due to a syntax error in its policy. To view the privacy policy, contact the Web site directly.

Print Preview