Rule 55. Habeas-corpus review and quo warranto

Original habeas venue

An original petition for habeas corpus must be filed in the Superior Court. It may be filed at any time to challenge an arrest against the petitioner and is not moot solely because the petitioner has been released.

Mistaken Supreme filing

The Supreme Clerk must not treat an original habeas petition as a general Supreme original action. If lawful and practical, the Court may transfer it to the Superior Court; otherwise it must dismiss without prejudice and provide the correct filing direction. An emergency custody issue may be preserved temporarily only as law permits.

Habeas service below

An original habeas petitioner must serve the respondent officer and Solicitor General upon filing as required by 7 R. Stat. § 133.003. Later ECMS service on acceptance does not cure a failure to serve upon filing.

Appeal from denial

The Supreme Court may review denial of habeas relief only for plain and obvious error or abuse of discretion. The appeal must be filed within Rule 46’s seven-day period and identify the qualifying error.

Custody pending review

The filing of an appeal does not automatically alter custody. A stay or custody order must be sought first below when practicable and then under Rule 62.

Quo warranto consent

No quo warranto action may be filed without the Attorney General’s consent. If the Attorney General refuses consent, a person claiming title to an office exercised by another has no right to commence the action.

Supreme Court role in quo warranto

No current general law grants the Supreme Court original venue over quo warranto. An initial action must be filed in a court of competent jurisdiction. A later Supreme appeal or petition must attach the Attorney General’s consent and comply with the proper appellate route.

No expansion

This Rule does not alter the Attorney General’s statutory control, a claimant’s right to counsel, or the lawful effect of a judgment of ouster.