As amended through October 9, 2024
Rule 9 - Pretrial Writs of Habeas Corpus1.Each petition for a writ of habeas corpus based on alleged lack of probable cause or otherwise challenging the court's right or jurisdiction to proceed to the trial of a criminal charge shall contain a notice of hearing, or application for a hearing date, setting the matter for hearing 14 days from the date the petition is filed and served. In the event the judge to whom the case is assigned is not scheduled to hear motions on the 14th day following the service and filing of the petition, the notice must designate the next available day when the judge has scheduled the hearing of motions.2. Any other pretrial petition for writ of habeas corpus, including those alleging a delay in any of the proceedings before the magistrate or a denial of the petitioner's right to a speedy trial injustice court or municipal court, shall contain a notice of hearing setting the matter for hearing not less than 1 day from the date the writ is filed and served.3. All points and authorities in support of the petition for writ of habeas corpus shall be served and filed at the time of the filing of the petition. The prosecutor shall serve and file a return and a response to the petitioner's points and authorities within 10 days from the receipt of a petition for a writ of habeas corpus based on alleged want of probable cause or otherwise challenging the court's rights or jurisdiction to proceed to the trial of a criminal charge. In proceedings under subsection 2, the prosecutor may serve and file a return and a response to the petitioner's points and authorities in open court at the time noticed for the hearing on any other writ of habeas corpus set for hearing in one day.4. The court reporter who takes down all the testimony and proceedings of the preliminary hearing must, within 15 days after the defendant has been held to answer in the district court, complete the certification and filing of the preliminary hearing transcript. Upon filing the transcript, the court reporter or recorder will notice the defense attorney and prosecutor who handled the preliminary hearing. 5. The court may extend, for good cause, the time to file a petition. If the preliminary hearing transcript is not filed at the time of the defendant's initial arraignment, the court shall find good cause for extending the time for the filing of the petition. A party may obtain an ex parte order from the court allowing for an extension if the preliminary transcripts are not available within 14 days of the defendant's initial appearance. All other applications to extend the 21-day time period must include appropriate notice to the prosecuting attorney. A stipulation between the prosecutor and the defense will suffice for appropriate notice for the court to grant the extension.6. Any writ filed in a criminal case at the district court level shall be assigned to the same department where the underlying criminal case is filed. If no such previous criminal case exists, the writ shall be randomly assigned to a department.As adopted effective 3/1/2021.