Md. R. Spec. Proc. 15-305

As amended through November 13, 2024

Rule 15-305 - To Whom Writ Directed-Before Whom Returnable

A writ of habeas corpus shall be directed to the person having custody of the individual confined or restrained. The writ shall be returnable before the judge granting it or, in the discretion of that judge, before some other judge designated in the writ except that without the written consent of the individual confined or restrained, the judge designated in the writ shall not be a judge who sat at the proceeding as a result of which the individual was confined or restrained. In exercising the discretion granted by this Rule, the judge granting the writ shall consider the interests and convenience of the parties and the State.

Md. R. Spec. Proc. 15-305

This Rule is derived from former Rule Z45.

Adopted June 5, 1996, eff. 1/1/1997.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure Z45, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to persons to whom writs of habeas corpus are directed and returnable, rescinded June 5, 1996, eff. Jan. 1, 1997.