Habeas corpus—application and service
3504 Habeas corpus—application and service
A proceeding for a habeas corpus order must be started by originating application.
Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing of originating applications, etc. The division applies, subject to this part (see r 22 (Application—ch 2)), to an application for a habeas corpus order.
However, if an application for a habeas corpus order in relation to a proceeding is made during the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).
The application must be supported by an affidavit.
The affidavit may—
be made by someone else on behalf of the person in custody; and
contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.
The hearsay rule does not apply to evidence in an application in a proceeding if the party adducing the evidence also adduces evidence of its source (see Evidence Act, s 75 (Exception—interlocutory proceedings)).
The application need not be served on anyone unless the court otherwise orders on its own initiative.
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