Rule 23 Custody or Release of a Prisoner in Habeas Corpus Proceedings
Article VI: Habeas Corpus; Proceedings In Forma Pauperis
Rule Text
(a) Transfer of Custody Pending Review. Pending review by this Court of a decision in a habeas corpus proceeding commenced before the Superior Court for the release of a prisoner, the person having custody of the prisoner shall not allow the prisoner to be transferred outside the jurisdiction of the NMI unless a transfer is directed by this Court.
(b) Detention or Release Pending Review of Decision Not to Release. While a decision not to release a prisoner is under review, the Superior Court or this Court may order that the prisoner be:
(1) Detained in the custody from which release is sought;
(2) Detained in other appropriate custody; or
(3) Released on personal recognizance, with or without surety.
(c) Release Pending Review of Decision Ordering Release. While a decision ordering the release of a prisoner is under review, the prisoner must—unless the Superior Court or this Court orders otherwise—be released on personal recognizance, with or without surety.
(d) Modification of Initial Order on Custody. An initial order governing the prisoner’s custody or release, including any recognizance or surety, continues in effect pending review unless, for special reasons shown to this Court, the order is modified or an independent order regarding custody, release, or surety is issued.