Rule 1 Application and Definitions

(a) Title and Citation. These rules shall be known as the Virgin Islands Habeas Corpus Rules and may be cited in short-form as V.I. H.C.R.

(b) Effective Date. These rules shall take effect as provided in a promulgation order by the Supreme Court of the Virgin Islands.

(c) Proceedings Governed. The Rules apply to habeas corpus proceedings in the Superior Court as provided by Chapter 91 of Title 5 of the Virgin Islands Code, 5 V.I.C. § 1301 et seq., or any other provision of law authorizing relief from unlawful confinement or unlawful conditions of confinement.

(d) Definitions. In these Rules, the following definitions apply:

(1) A "petition for writ of habeas corpus" is the petitioner's initial filing that commences a proceeding.

(2) A "writ of habeas corpus" is an order directing the respondent to file a return. The writ – which operates as a procedural order to show cause – is issued if the petitioner has made a prima facie showing of entitlement to relief on claims that are not otherwise barred; issuance of the writ of habeas corpus does not grant the ultimate relief requested but simply requires further proceedings on the petitioner's application for discharge or other relief from unlawful custody or detention.

(3) The "return" is the respondent's statement of reasons why the court should not grant the relief requested by the petitioner. The return must allege facts establishing the legality of the petitioner’s custody in accordance with 5 V.I.C. § 1308.

(4) The "traverse" is the petitioner's pleading in response to the return.

(5) An "evidentiary hearing" is a hearing held by the court to resolve contested factual issues.

(6) An "informal response" is a written submission requested by the court – prior to ruling on whether to issue a writ of habeas corpus ordering a return by the respondent – to be made by the respondent, the real party in interest, or a custodian of any record pertaining to the petitioner's case, which produces either the requested record(s) or certified copies thereof, and which is filed with the clerk of the court with a copy served upon to the petitioner.

(7) A "reply" is an optional filing by the petitioner concerning any information or records submitted in an informal response, and must be filed within 15 days after an informal response

(8) An "order granting habeas corpus relief" or an "order denying habeas corpus relief" is the court's final order – issued after review of the petition on the merits – awarding or denying the ultimate relief sought by the petitioner.

(e) Application. These rules, and subsequent amendments, govern:

(1) habeas corpus proceedings commenced after their effective date; and

(2) habeas corpus proceedings pending on the effective date of the rules or amendments, unless:

(i) the Supreme Court of the Virgin Islands specifies otherwise by order; or

(ii) the Superior Court makes an express finding that applying them in a particular previously-pending action would be infeasible or would work an injustice.

(f) Interpretation. These rules are to be interpreted to provide for the just determination of every habeas corpus proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.

(g) Procedures Not Addressed in These Rules. When procedure is not prescribed by these Virgin Islands Habeas Corpus Rules, precedent from the Supreme Court of the Virgin Islands, or the Virgin Islands Code, the Virgin Islands Rules of Civil Procedure may be applied as appropriate. Where no statute, precedent or rule governs, a judge may regulate practice in a habeas corpus proceeding in any manner consistent with the law of the Virgin Islands.