TITLE NINE — GENERAL PROVISIONS
Rule 56. Extraordinary Writs: Habeas Corpus; Mandamus; Quo Warranto
Scope. This rule governs the writs of habeas corpus, mandamus, and quo warranto. The power of the Supreme Court to issue all writs necessary or appropriate in aid of its appellate jurisdiction under Const. art. V, § 3 is exercised as the Ridgeway Rules of the Supreme Court provide, and nothing in this rule limits it.
Common Provisions.
Form. A petition for an extraordinary writ shall be captioned with the name of the writ sought, shall identify the petitioner and the respondent by username, shall state the relief sought, and shall be verified by the petitioner.
Respondent in an Official Capacity. Where the respondent is named in an official capacity, the proceeding is a case against the government within the meaning of 7 R. Stat. § 122.004, and the Solicitor General shall defend it as 7 R. Stat. § 122.005 requires.
Service Beyond the Case Participants. The electronic filing system serves only the participants in a case, and only upon the Clerk’s acceptance of a filing. Where this rule or a statute requires service upon a person who is not a participant, the petitioner shall name that person as a participant at the opening of the case where the system permits, and shall in every event deliver a copy of the petition to that person by direct message or in the proceeding communications, and shall state in the petition how delivery was made.
Priority. A petition under this rule takes precedence over other civil business of the court except a matter of the same character.
Security. No security shall be required of a petitioner under this rule.
Jury. There is no trial by jury upon a petition under this rule.
Habeas Corpus.
When Filed. A person may, at any time, file a writ of habeas corpus to challenge an arrest against themselves, as provided by 7 R. Stat. § 133.001. A writ of habeas corpus shall not be held moot on the basis that the person was released from prison.
Court. Writs of habeas corpus shall be filed within the Superior Court of the State of Ridgeway, which shall grant or deny the petition based on its merits, as provided by 7 R. Stat. § 133.004 and Const. art. V, § 4.
Commencement in the Electronic Filing System. A petition for a writ of habeas corpus is commenced as an original Superior Court matter. Where the electronic filing system requires a matter opened as a writ to identify an originating Superior Court case number, the petitioner shall identify the criminal matter arising from the arrest challenged; where no such matter exists, the petition shall be opened as an original civil action and captioned as a petition for a writ of habeas corpus.
To Whom Directed. A writ of habeas corpus shall be directed to the person who made the arrest, in their official capacity, as provided by 7 R. Stat. § 133.002.
Service. The petitioner shall serve the respondent and the Solicitor General with a copy of the petition upon filing, as provided by 7 R. Stat. § 133.003, in the manner subdivision (2)(c) prescribes.
Contents. The petition shall state:
the username of the petitioner and the username and agency of the arresting officer;
the date and hour of the arrest, in Coordinated Universal Time, and the place at which it occurred;
whether the petitioner is presently in custody, and if released, the date and hour of release;
the offense or offenses for which the arrest was made, and the case number of any criminal matter arising from it;
the grounds on which the arrest is challenged, stated with particularity, and the facts supporting each ground;
every prior petition for a writ of habeas corpus filed by the petitioner concerning the same arrest and its disposition; and
the relief sought.
Counsel. A petitioner for a writ of habeas corpus is entitled to representation, and the court shall appoint the State Public Defender or court-appointed counsel, as provided by 3 R. Stat. §§ 161.109 and 161.202(c).
Return. The respondent shall file a return within twenty-four (24) hours of service, stating the authority for the arrest and answering each ground of the petition. The court may shorten or extend the time for good cause. The Solicitor General may file the return on the respondent’s behalf.
Hearing and Disposition. The court shall determine the petition on the merits. The court may decide the petition on the petition and return alone where the material facts are not in dispute; otherwise it shall hold a hearing at the earliest possible time. The court shall state its findings and conclusions on the record.
Relief. On granting the petition the court may discharge the petitioner from custody, direct that the arrest be vacated, direct the correction of the records of the arresting agency, and grant such further relief as the merits require. Relief under this subdivision is not an award of damages; a claim for damages arising from the arrest is brought as a separate civil action.
Effect of Denial. A denial of review shall be res judicata and shall not be appealed except in cases of plain and obvious error or abuse of discretion, as provided by 7 R. Stat. § 133.005. A petition asserting a ground that was or could have been raised in a prior petition concerning the same arrest shall be denied unless the petitioner shows that the ground could not have been discovered earlier through the exercise of reasonable diligence.
Application of These Rules. These rules apply to a habeas corpus proceeding only to the extent this subdivision provides and to the extent the court directs. Discovery is not available except by order of the court on motion, with notice, for good cause shown.
Mandamus.
Required Showings. No writ of mandamus shall be entered against any official of the State unless the petitioner demonstrates, as Const. art. V, § 5 requires:
entitlement to relief;
that the respondent needs to execute a clearly written duty;
that the relief demonstrated alleviates personal, not institutional, injury; and
that the failure to execute that duty results in personal, concrete, and particular injury.
Contents. The petition shall address each showing in subdivision (4)(a) under a separate heading, shall identify the written source of the duty by citation and shall quote its operative terms, and shall state the acts of the respondent said to constitute the failure to execute it.
Respondent; Service. The respondent shall be named in an official capacity. The petitioner shall serve the respondent and the Solicitor General in the manner subdivision (2)(c) prescribes.
Discretion Not Controlled. Mandamus shall not issue to control the exercise of discretion committed to an official, to direct a particular result within that discretion, or to compel a duty that is not clearly written.
Judicial Officers. A petition against a judicial officer for an act or omission taken in that officer’s judicial capacity is subject to 7 R. Stat. § 121.403.
Return and Disposition. The respondent shall file a return within forty-eight (48) hours of service unless the court fixes a different time. The court shall determine the petition on the merits and shall state its findings and conclusions on the record. On granting the petition the court shall enter a writ directing the respondent to execute the duty, stating the act to be performed and the time within which it shall be performed. The writ is enforced under Rule 53.
Quo Warranto.
Consent of the Attorney General. No writ of quo warranto shall be filed without the consent of the Attorney General, as provided by Const. art. V, § 6. No person claiming title to an office which is exercised by another shall enjoy the right to seek a writ of quo warranto where the Attorney General refuses consent to commence such an action, as provided by 7 R. Stat. § 133.101.
Proof of Consent. A petition for a writ of quo warranto shall attach the written consent of the Attorney General. The Clerk shall reject a petition tendered without it, and a petition accepted without it shall be dismissed on motion or on the court’s own initiative.
Control of the Attorney General. When the Attorney General commences an action setting forth the name of the person rightfully entitled, the Attorney General shall not dismiss the action without the consent of the claimant; but the court shall investigate the claim and determine the right, if so desired by the person on whose relation the petition is filed, and the claimant may have counsel of his or her choice to control the action in the claimant’s behalf, as provided by 7 R. Stat. § 133.102. Counsel so retained shall enter an appearance in the action.
Contents. The petition shall identify the office in question, the person exercising it, the authority by which the office is said to be exercised, the person claimed to be rightfully entitled to it, and the facts establishing that entitlement.
Judgment of Ouster. When any petition is well-founded, a judgment of ouster may be issued without further amendments to the extent that the petition is well-founded, as provided by 7 R. Stat. § 133.103.
Effect of Judgment. The party receiving judgment shall be entitled to exercise the office until removed by quo warranto or until his or her rights thereto shall otherwise cease, as provided by 7 R. Stat. § 133.104.
Review. Except as 7 R. Stat. § 133.005 provides for the denial of habeas corpus review, an order granting or denying a writ under this rule is reviewable as the Ridgeway Rules of the Supreme Court provide.