F1PART 87APPLICATIONS FOR WRIT OF HABEAS CORPUS

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SECTION 2APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE

Service of the writ87.9

1

Subject to paragraphs (2) and (3), the applicant must serve the writ of habeas corpus for release personally on the respondent.

2

If it is not practicable to serve the writ personally, or if the respondent is the governor of a prison or other public official, the applicant must serve the writ by leaving it with an employee or agent of the respondent at the place where the detained person is being held.

3

If there is more than one respondent named in the writ, the original writ must be served according to this rule on the first-named respondent, and copies must be served on the other respondents.

4

The court must notify all parties–

a

of the court or judge before whom, and the date on which, the writ is to be returned to the court; and

b

that in default of obedience, proceedings for committal of the party disobeying may be taken.