Rule 24. Writ of habeas corpus; contents of petition; procedure; time limits; denial without action

(a) A party may file with the lower court a petition for a writ of habeas corpus directed to the chief judge of the lower court which shall be forwarded to the court of appeals within 24 hours after filing for the purpose of determining if the current or future custody of the petitioner is in violation of law. The petition shall state:

1. (1) the name and location of the petitioner;
2. (2) the name and address of the person having or who will have custody of the petitioner;
3. (3) whether the petitioner is in custody pursuant to a judgment of a pueblo or tribal court, as well as the name of the deciding judge and court;
4. (4) the date of the judgment or conviction and the length of confinement;
5. (5) the nature of the case or offenses involved and the plea entered;
6. (6) all grounds on which the petitioner is being held unlawfully and a summary of the facts supporting each ground; and,
7. (7) the relief the petitioner is seeking.

(b) The petition shall be presented to and reviewed by the appellate chief judge or a designate. If a petition does not comply substantially with the requirements of this rule, it shall be returned to the petitioner with a statement of the reasons for its return.

(c) If the petition and exhibits are in order, the appellate chief judge or a designate shall order a copy of the petition and order be served, by certified mail, on the appellee and the appellee's representative.

(d) The appellee's answer shall be filed within 15 days after the petition is filed and shall respond to each allegation in the petition.

(e) The appellate chief judge or a designate shall review the petition, answer, transcript, and record, and determine whether adequate relief can be ordered or whether an evidentiary hearing is required. If an evidentiary hearing is required, it shall be held within 30 days of filing of the writ and a decision issued unless the appellate chief judge or a designate determines otherwise. If an evidentiary hearing is not required, the judge shall dispose of the petition as justice requires.

(f) If the petition is not acted upon within thirty days after it is filed, it shall be considered denied.