Commonwealth Numbered Regulations

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HIGH COURT RULES 20042004 No. 304- RULE 25.10

Service of a writ of habeas corpus or order for production
25.10.1 A writ of habeas corpus or an order for production directed to a person charged by law with the custody of persons in lawful custody or confinement or to a public officer may be served personally or by leaving the original with a servant, agent or officer of the person to whom the writ or order is directed at the place where the person is confined or detained.

25.10.2 Where rule 25.10.1 does not apply a writ of habeas corpus shall, unless the Court or a Justice otherwise orders, be served personally.

25.10.3 When a writ of habeas corpus is served there shall be served with the writ a notice, directed to the person to whom the writ is addressed, stating:

(a)
the Court or Justice before whom and the date and time on which the person restrained is to be brought;

(b)
the acts to be done in obedience to the writ by the person on whom the notice is served; and

(c)
that in default of obedience, proceedings to punish the party disobeying the writ will be brought under Part 11.



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