OpenLegislation

Rule 87.12 Writ of habeas corpus to give evidence or to answer a chargeF1

(1)

An application for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge must be made to a judge and be supported by a witness statement or affidavit.

(2)

A writ of habeas corpus to give evidence must be in Practice Form No. 91 F2....

(3)

A writ of habeas corpus to answer a charge must be in Practice Form No. 92 F3....

(4)

An application for an order to bring up a prisoner otherwise than by writ of habeas corpus, to give evidence in any criminal or civil proceedings before any court, tribunal or judge, must be–

(a)

made to a judge or, in the case of an application for an order under section 57 of the County Courts Act 1984, a judge of the County Court; and

(b)

supported by a witness statement or affidavit.

Annotations

Textual amendments

F1

Pt. 87 inserted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 2

F2

Words in rule 87.12(2) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 33(b)

F3

Words in rule 87.12(3) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 33(b)