A 208
[Subsidiary]
App. A. Form 90.
App. A. Forms 89, 91, 92.
CAP. 4] The Rules of the Supreme Court-Order 54 [1988 Ed.
Service of writ and notice (O. 54, r. 6)
6. (1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.
(2) If it is not possible to serve such writ personally, or if it is directed to a superintendent of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.
(3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.
(4) There must be served with the writ a notice (in Form No. 90 in Appendix A) stating the judge before whom and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.
Return to the writ (O. 54, r. 7)
7. (1) The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.
(2) The return may be amended, or another return substituted therefor, by leave of the judge before whom the writ is returnable.
Procedure at hearing of writ (O. 54, r. 8)
8. When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then counsel for the Crown, and then one counsel for the person restrained in reply.
Bringing up prisoner to give evidence, etc. (O. 54, r. 9)
9. (1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum must be made on affidavit to a judge in chambers.
Form of writ (O. 54, r. 10)
10. A writ of habeas corpus must be in Form No. 89, 91 or 92 in Appendix A, whichever is appropriate.
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:
A 208
[Subsidiary]
App. A. Form 90.
App. A. Forms 89, 91,
92.
CAP. 4] The Rules of the Supreme Court-Order 54 [1988 Ed.
Service of writ and notice (O. 54, r. 6)
6. (1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.
(2) If it is not possible to serve such writ personally, or if it is directed to a superintendent of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.
(3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.
(4) There must be served with the writ a notice (in Form No. 90 in Appendix A) stating the judge before whom and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.
Return to the writ (O. 54, r. 7)
7. (1) The return to a writ of habeas corpus að subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.
(2) The return may be amended, or another return substituted therefor, by leave of the judge before whom the writ is returnable.
Procedure at hearing of writ (O. 54, r. 8)
8. When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then counsel for the Crown, and then one counsel for the person restrained in reply.
Bringing up prisoner to give evidence, etc. (O. 54, r. 9)
9. (1) An application for a writ of habeas corpus ad testifi- candum or of habeas corpus ad respondendum must be made on affidavit to a judge in chambers.
Form of writ (O. 54, r. 10)
10. A writ of habeas corpus must be in Form No. 89, 91 or 92 in Appendix A, whichever is appropriate.
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