Md. R. Spec. Proc. 15-306

As amended through November 13, 2024

Rule 15-306 - Service of Writ; Appearance by Individual; Affidavit

(a) Service. Except as provided in section (c) of this Rule, a writ of habeas corpus and a copy of the petition shall be served by delivering them to the person to whom the writ is directed or by mailing them by first class mail, postage prepaid, as ordered by the court.

Cross reference: See Rules 2-121 and 3-121.

(b) Production of Individual. At the time stated in the writ, which, unless the court orders otherwise, shall not be later than three days after service of the writ, the person to whom the writ is directed shall cause the individual confined or restrained to be taken before the judge designated in the writ. If the petition is by or behalf of an individual confined or restrained pursuant to an isolation or quarantine directive or order issued under any federal, State, or local public health law or public emergency law, production of the individual may be by means of a telephonic conference call, live closed circuit television, live internet or satellite video conference transmission, or other available means of communication that reasonably permit the individual to participate in the proceedings.

Cross reference: For proceedings brought pursuant to Code, Health-General Article, § 18-906 and Code, Public Safety Article, § 14-3A-05, see the Rules in Title 15, Chapter 1100.

(c) Immediate Appearance. Subject to section (b) of this Rule, if the judge finds probable cause to believe that the person having custody of the individual by or on whose behalf the petition was filed is about to remove the individual or would evade or disobey the writ, the judge shall include in the writ an order directing the person immediately to appear, together with the individual confined or restrained, before the judge designated in the writ. The sheriff to whom the writ is delivered shall serve the writ immediately, together with a copy of the petition, on the person having custody of the individual confined or restrained and shall bring that person, together with the individual confined or restrained, before the judge designated in the writ.

Md. R. Spec. Proc. 15-306

This Rule is derived in part from former Rules Z46 and Z47 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended May 9, 2000, eff. 7/1/2000; 6/7/2011, eff. 7/1/2011.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order, amended the cross reference following section (c).

2011 Orders

The June 7, 2011, order rewrote section (b) and added the cross reference; and added "Subject to section (b) of this Rule, to the first sentence of section (c), and amended the source note. Prior to amendment, section (b) read:

"(b) Production of Individual. At the time stated in the writ, which, unless the court orders otherwise, shall not be later than three days after service of the writ, the person to whom the writ is directed shall cause the individual confined or restrained to be taken before the judge designated in the writ.

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 Z47, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to evasion of writs of habeas corpus, rescinded June 5, 1996, eff. Jan. 1, 1997.

See Code, Courts Article, § 2-305 for the penalty on a sheriff for failure to act as provided in section (b) of this Rule; see Code, Correctional Services Article, § 9-611 for the penalty on an officer or other person failing to furnish a copy of a warrant of commitment when demanded.