R.i. Sup. Ct. R. 14

As amended through June 7, 2024
Rule 14 - Habeas corpus
(a)Application for Writ; Order to Show Cause in Lieu of Issuance of Writ. Upon the making of an application for a writ of habeas corpus in accordance with statutory provisions, the Supreme Court, in lieu of issuance of the writ, may direct the respondent to show cause why the writ should not issue.
(b)Answer to Order to Show Cause. Within twenty (20) days after receiving notice of entry of a show cause order, or within such other time as ordered by the Supreme Court or a justice, the respondent shall file with the Clerk of the Supreme Court a signed answer under oath in which the respondent shall set forth the matter required by G.L. 1956 § 10-9-8 to be included in a return to a writ of habeas corpus as well as any additional facts upon which the respondent relies to justify his or her detention of the applicant. The respondent shall append to the respondent's answer a memorandum of law setting forth the reasons why the writ should not issue, together with citations to authorities in support thereof. A copy of the answer and memorandum shall be served by respondent on the attorney for the applicant, or on the applicant if the applicant is not represented by an attorney.
(c)Reply of Applicant to Answer of Respondent. Within ten (10) days after receiving the answer and memorandum, or within such other time as ordered by the Supreme Court or a justice, the applicant, if the applicant desires to controvert or reply to any of the matters set forth in the answer, shall file with the Clerk of the Supreme Court a signed reply under oath setting forth any matter or ground in support of the application or in denial of the facts set forth in the answer. The applicant shall append to his or her reply a memorandum of law setting forth the reasons why the writ should issue or his or her release should be ordered together with citations of authorities in support thereof. A copy of the reply and memorandum shall be served by the applicant upon the attorney for the respondent, or upon the respondent if the respondent is not represented by an attorney.
(d)Number of Copies of Answers and Replies. All answers or replies and memoranda filed pursuant to this rule shall be filed in accordance with Rule 18.
(e)Subsequent Proceedings. Upon the grant or denial of the writ an appropriate order will be entered. The Clerk of the Supreme Court shall thereupon notify all parties to the proceeding of entry of such order. If the application for the writ is granted, the writ and appropriate process shall issue; thereafter the cause shall, without the necessity of either party filing any further pleadings, be docketed on the return day and shall be assigned for hearing pursuant to the provisions of Rule 22. Briefs of the respective parties shall be filed pursuant to Rule 16. Upon issuance of the writ, it shall be incumbent upon the petitioner to comply with the requirements of these rules for the preparation and transmission of the record on appeal, except that if the petitioner has been granted permission to proceed in forma pauperis the Supreme Court may, where the respondent is a state official, direct the Attorney General to arrange for the preparation and transmission of the record.

R.i. Sup. Ct. R. 14

Amended effective 6/19/2020; Revised 10/1/2023.