Writ of habeas corpus
25.16 Writ of habeas corpus
25.16.1 On application for a writ of habeas corpus, the Court or a Justice may order:
the production of a detained person, for the purposes of that person’s examination as a witness; or
the release or other disposition of a person;
without issuing a writ of habeas corpus.
25.16.2 A writ of habeas corpus must be in Form 16.
25.16.3 A writ of habeas corpus or an order made under rule 25.16.1 must be served:
personally; or
by leaving the original with an employee, agent or officer of the person to whom the writ or order is addressed at the place where the person is detained.
25.16.4 The person to whom a writ of habeas corpus is addressed must, within the time allowed by the writ, file and serve on the plaintiff an affidavit deposing to the ground or grounds of detention of the person named in the writ.
This Act’s bill:Explanatory statement
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