(a) Generally. A petition for a writ of habeas corpus shall be supported by affidavit of the petitioner and shall include:(1) a statement that the individual by or on behalf of whom the writ is sought is unlawfully confined or restrained;(2) the place where the individual is confined or restrained, if known;(3) the name and any official capacity of the person by whom the individual is confined or restrained or, if not known, a description sufficient to enable that person to be identified;(4) the circumstances and the cause of the confinement; and(5) if the confinement is pursuant to a judgment or order of a court, the name of the court, the date of the judgment or order, and the case number, if known.(b) Certain Confinements. If a petition is filed by or on behalf of an individual confined as a result of a sentence for a criminal offense, of an order in a juvenile proceeding, or of a judgment of contempt of court, the petition, in addition to complying with the provisions of section (a) of this Rule, shall state, to the best of the petitioner's knowledge, information, and belief: (1) whether any previous petition for habeas corpus or other post conviction relief has been filed with respect to the confinement;(2) with respect to each previous petition for habeas corpus or other post conviction relief: (A) the court or judge to whom the petition was directed, (B) all grounds of the petition, (C) the determination made on the petition, (D) whether any appeal or application for leave to appeal was filed from any order on the petition, and (E) any determination made on the appeal or application for leave to appeal; and(3) all grounds for the issuance of the writ that were not asserted in any previous petition for habeas corpus or other post conviction relief.Md. R. Spec. Proc. 15-302
This Rule is derived from former Rule Z42.
Adopted June 5, 1996, eff. 1/1/1997.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure Z42, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to habeas corpus applications, rescinded June 5, 1996, eff. Jan. 1, 1997.
Code, Courts Art., § 3-702(a).