Rule 23-24. Preliminary Consideration of Judicial Authority

(a) The judicial authority shall promptly review any petition for a writ of habeas corpus to determine whether the writ should issue. The judicial authority shall issue the writ unless it appears that:

(1) the court lacks jurisdiction;

(2) the petition is wholly frivolous on its face; or

(3) the relief sought is not available.

(b) The judicial authority shall notify the petitioner if it declines to issue the writ pursuant to this rule.

Committee Notes

(P.B. 1978-1997, Sec. 529C.)