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Rule 383a. Writ of Habeas Corpus (1981)


1. Commencement. A petition seeking the issuance of a writ of habeas corpus shall be presented to the Clerk of the Court of Civil Appeals along with the appropriate deposit for casts, as provided by Rule 388a.

2. Petition. The petition shall be in the following form and contain the following information:

a. The party seeking the writ shall be denom­inated relator.

b. The petition shall identify all parties whose interest would be directly affected by the proceeding and shall state the addresses of all such interested parties.

c. The petition shall contain a certificate of service upon all interested parties or a certificate explaining the absence of service.

d. The petition shall set forth in a concise and positive manner a summary of the facts necessary to establish relator's right to the relief sought.

e. The petition shall be accompanied by a brief in support of the petition.

f. The petition shall be accompanied by proof of restraint of the relator.

g. The petition shall be accompanied by a certified copy of the order, judgment or decree of which relator has been held to be in violation, a certified copy of the order or judgment of contempt, a certified copy of the order or judgment of commitment, and when appropriate, a statement of facts.

h. The petition shall be verified.

i. Three copies of the petition and brief shall be delivered to the Clerk.

3. Action on Petition. If the court is of the tentative opinion that the writ should issue, the court will set the amount of bond, order relator released and schedule the petition for oral argument. Otherwise, the court shall deny the writ without further hearing.

4. Notification by Clerk. The Clerk shall notify all identified parties or their attorneys of record of the action of the court and of the date set for oral argument, if oral argument is set. In the event oral argument is set, relator shall immediately make the appropriate additional deposit for costs, as provided by Rule 388a.

5. Reply. In the event the case is set for oral argument, any interested party may submit an additional brief of authorities and a verified answer provided, however, such additional brief and answer shall be filed with the Clerk and served upon all other parties at least ten days prior to the date scheduled for oral argument, unless another time is designated by the court.

6. Order of Court. If after hearing oral argument the court determines that the writ should be granted, it shall enter an order to that effect. Otherwise, the court shall remand relator to custody and direct the Clerk to issue an order of commitment. If relator is not available for return to custody, pursuant to the order of commitment, the court may declare the bond to be forfeited.

This is a new rule.

June 10, 1980, eff. Jan. 1, 1981.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.