Local Rule Local Civil Rule 83.3: Habeas Corpus

Local Civil Rule 83.3. Habeas Corpus

Unless otherwise provided by statute, applications for a writ of habeas corpus made by persons under the judgment and sentence of a court of the State of New York must be filed, heard, and determined in the district court for the district within which they were convicted and sentenced; provided, however, that if the convenience of the parties and witnesses requires a hearing in a different district, such application may be transferred to any district that is found by the assigned judge to be more convenient. The clerks of the Southern and Eastern District Courts are authorized and directed to transfer such those applications to the designated district herein designated for filing, hearing, and determination.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.