Rule 4 Habeas corpus jurisdiction
Rule Text
(a) Proper court to hear petition. Except as stated in subpart (b) of this Rule, the petition should be heard and resolved in the court in which it is filed.
(b) Transfer of petition.
(1) The Superior Court in the judicial district in which the petition is filed must determine, based on the allegations of the petition, whether the matter should be heard by it or by the Superior Court of the other judicial district.
(2) If the Superior Court in which the petition is filed determines that the matter may be more properly heard by the Superior Court of another division, it may nonetheless retain jurisdiction in the matter or, without first determining whether a prima facie case for relief exists, order the matter transferred to the other judicial district. Transfer may be ordered in the following circumstances:
(A) If the petition challenges the terms of a judgment, the matter may be transferred to the judicial district in which judgment was rendered;
(B) If the petition challenges the conditions of an inmate's confinement, it may be transferred to the judicial district in which the petitioner is confined. A change in the institution of confinement that effects a change in the conditions of confinement may constitute good cause to deny the petition; or
(C) If the petition challenges the denial of parole or the petitioner's suitability for parole and is filed in a judicial district of the Superior Court other than that which rendered the underlying judgment, the court in which the petition is filed should transfer the petition to the Superior Court for the other judicial district in which the underlying judgment was rendered.
(3) The transferring court must specify in the order of transfer the reason for the transfer.
(4) If the receiving court determines that the reason for transfer is inapplicable, the receiving court must, within 30 days of receipt of the case, order the case returned to the transferring court. The transferring court then must retain and resolve the matter as provided by these rules.