Rule 15-310 - Disposition(a) Appropriate Remedy. If the judge determines that the individual is confined or restrained without legal warrant or authority, the judge shall order that the individual be released or discharged immediately, or shall enter such other order as justice may require. If the judge determines that the confinement or restraint is lawful and proper, the individual shall be remanded to custody or admitted to bail pending trial or retrial.(b) Errors on Face of Commitment--Correction. The judge to whom the writ is returned shall not discharge the individual confined or restrained merely because of errors, omissions, or irregularities on the face of the warrant or other written authority for commitment. The judge may direct that the warrant or other written authority be sent for correction to the court or judicial officer who issued it and that, after correction, it be redelivered to the person having custody of the individual.Md. R. Spec. Proc. 15-310
This Rule is derived from former Rules Z46 b and Z51.
Adopted June 5, 1996, eff. 1/1/1997.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure Z46, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to procedure following issuance of writs of habeas corpus, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure Z51, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to errors, rescinded June 5, 1996, eff. Jan. 1, 1997.
See Rule 4-102(f) for the definition of "judicial officer.