Rule 91.02 - Petition to What Court First Made(a) Except as provided in subdivision (b) of this Rule 91.02, when a person who is held in custody on a charge of crime seeks the benefit of this Rule 91, the petition in the first instance shall be to a circuit or associate circuit judge for the county in which the person is held in custody if at the time of the petition such judge is in the county, unless good cause is shown for filing the petition in a higher court. The petitioner shall give reasonable notice of the time and place of filing the petition to the prosecuting attorney for the county in which the petition is to be filed, if at the time thereof the attorney is in the county. Upon such notice, the attorney shall attend the hearing of the petition on behalf of the state.(b) If a person is held in custody pursuant to a conviction for a capital crime and a sentence of death and this Court has affirmed the conviction and sentence, any petition seeking the benefit of this Rule 91 may be filed in this Court in the first instance. The petitioner shall give reasonable notice of the time and place of filing the petition to the attorney general of this state, who shall represent the state in the matter. Any such petition filed in a state court other than this Court shall be deemed to have been filed in this Court. Any clerk filing such a petition shall give notice for the filing of the petition to the clerk of this Court by telephone or by other expeditious means and shall forward the petition to this Court immediately.Adopted June 24, 1982, eff. 1/1/1983. Amended Nov. 20, 1990, eff. 7/1/1991.Committee Note - 1983
The source is prior Rule 91.59.