Rule 3 Discovery in habeas corpus proceedings

In a habeas corpus case, neither side can automatically demand documents, ask written questions, or take depositions. A judge must give permission first, and the person asking must show good cause for why they need this information. This rule explains how that process works.

If you want to request discovery, you have to put your reasons in writing. You also need to include the exact questions you want to ask or the exact documents you want, and you have to describe what you're asking for clearly enough that the other side knows what you mean. Judges will also set limits on how much discovery you can do, so you can't ask for anything and everything. If a petitioner needs a lawyer's help to handle this process and qualifies for appointed counsel, the judge can appoint one.

If the government (the respondent) wants to take someone's deposition, the judge can make the government pay for it. This includes travel costs, witness fees, the cost of writing up or recording the deposition, and even the fees for the petitioner's own lawyer to attend. This protects petitioners, who are often in prison and have limited money, from being stuck with costs they can't afford just because the other side wants to gather information.