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Rule 20. Habeas corpus proceedings.

(a) Applicationfor an original writ; when appropriate. If a petition for a writ ofhabeas corpus is filed in the appellate court or submitted toa justice or judge thereof, it will be referred to the appropriatedistrict court unless it is shown on the face of the petition to thesatisfaction of the appellate court that the district court is unavailable orother exigent circumstances exist. If a petition is initiallyfiled in a district court or is referred to a district court by theappellate court and the district court denies or dismisses the petition, arefiling of the petition with the appellate court is inappropriate; the properprocedure in such an instance is an appeal from the order of the districtcourt.

(b) Procedureon original petition.

(1) A habeas corpus proceeding maybe commenced by filing a petition with the clerk of the appellate court or, in emergency situations, with a justice or judge of the court.For matters pending in the Supreme court, an originalpetition and seven copies shall be filed in the Supreme Court. For matterspending in the Court of Appeals, an original petition and four copies shall be filed in the Court of Appeals. Thepetitioner shall serve a copy of the petition on the respondent pursuant to anyof the methods provided for service of process in Rule 4 of theUtah Rules of Civil Procedure but, if imprisoned, the petitioner may mail byUnited States mail, postage prepaid, a copy of the petition to the AttorneyGeneral of Utah or the county attorney of the county if imprisoned in a countyjail. Such service is in lieu of service upon the named respondent, anda certificate of mailing under oath that a copy was mailedto the Attorney General or county attorney must be filed with the clerk of theappellate court. In emergency situations, an order toshow cause may be issued by the court, or a single justice or judge if thecourt is not available, and a stay or injunction may be issued to preserve thecourt's jurisdiction until such time as the court can hear argument on whethera writ should issue.

(2) If the petition is not referred to the district court, the attorney generalor the county attorney, as the case may be, shall answer the petition orotherwise plead within ten days after service of a copy of the petition. When aresponsive pleading or motion is filed or an order toshow cause is issued, the court shall set the case for hearing and the clerkshall give notice to the parties.

(3) The clerk ofthe appellate court shall, if the petitioner is imprisoned or is a personotherwise in the custody of the state or any political subdivision thereof,give notice of the time for the filing of memoranda and for oral argument, tothe attorney general, the county attorney, or the city attorney, depending onwhere the petitioner is held and whether the petitioner is detained pursuant tostate, county or city law. Similar notice shall begiven to any other person or an association detaining the petitioner notin custody of the state.

(c) Contentsof petition and attachments. The petition shall include thefollowing:

(1) A statement of where thepetitioner is detained, by whom the petitioner isdetained, and the reason, if known, why the respondent has detained thepetitioner.

(2) A brief statement of thereasons why the detention is deemed unlawful. Thepetition shall state in plain and concise language:

(A) the facts giving rise to eachclaim that the confinement or detention is in violation of a state order orjudgment or a constitutional right established by the United StatesConstitution or the Constitution of the State of Utah or is otherwise illegal;

(B) whetheran appeal was taken from the judgment or conviction pursuant to which apetitioner is incarcerated; and

(C) whetherthe allegations of illegality were raised in the appeal and decided by theappellate court.

(3) A statement indicating whetherany other petition for a writ of habeas corpus based on the same or similargrounds has been filed and the reason why relief was denied.

(4) Copies of the court order orlegal process, court opinions and findings pursuant to which the petitioner isdetained or confined, affidavits, copies of orders, and other supportingwritten documents shall be attached to the petition or it shall be stated bypetitioner why the same are not attached.

(d) Contentsof answer. The answer shall concisely set forth specific admissions,denials, or affirmative defenses to the allegations of the petition and muststate plainly and unequivocally whether the respondent has, or at any time hashad, the person designated in the petition under control and restraint and, ifso, the cause for the restraint. The answer shall not contain citations oflegal authority or legal argument.

(e) Otherprovisions.

(1) If the respondent cannot befound or if the respondent does not have the person in custody, the writ andany other process issued may be served upon anyone having the petitioner incustody, in the manner and with the same effect as if that person had been maderespondent in the action.

(2) If the respondent refuses oravoids service, or attempts wrongfully to carry the person imprisoned orrestrained out of the county or state after service of the writ, the personserving the writ shall immediately arrest the respondent or other person soresisting, for presentation, together with the person designated in the writ,forthwith before the court.

(3) At the time ofthe issuance of the writ, the court may, if it appears that the person detainedwill be carried out of the jurisdiction of the court or will suffer someirreparable injury before compliance with the writ can be enforced, cause awarrant to issue, reciting the facts and directing the sheriff to bring thedetained person before the court to be dealt with according to law.

(4) The respondent shall appear atthe proper time and place with the person designated or show good cause for notdoing so. If the person designated has been transferred, the respondent muststate when and to whom the transfer was made, and the reason and authority forthe transfer. The writ shall not be disobeyed for anydefect of form or misdescription of the personrestrained or of the respondent, if enough is stated to show the meaning andintent.

(5) The person restrained may waiveany rights to be present at the hearing, in which case the writ shall be modified accordingly. Pending a determination ofthe matter, the court may place such person in the custody of an individual orassociation as may be deemed proper.

AdvisoryCommittee Note