Rule 25-41. Preliminary Consideration

(a) The judicial authority shall promptly review any petition for a writ of habeas corpus to determine whether the writ should issue. The judicial authority shall issue the writ if it appears that:

(1) the court has jurisdiction;

(2) the petition is meritorious; and

(3) another proceeding is not more appropriate.

(b) The judicial authority shall notify the petitioner if it declines to issue the writ pursuant to this section.

Committee Notes

(P.B. 1998.)