RULE 16.12
PERSONAL RESTRAINT PETITION --
SUPERIOR COURT HEARING
If the appellate court transfers the petition to a superior court, the
transfer will be to the superior court for the county in which the decision
was made resulting in the restraint of petitioner or, if petitioner is not
being restrained on the basis of a decision, in the superior court in the
county in which petitioner is located. If the respondent is represented by
the Attorney General, the prosecuting attorney, or a municipal attorney,
respondent must take steps to obtain a prompt evidentiary hearing and must
serve notice of the date set for hearing on all other parties. The parties,
on motion and for good cause shown, will be granted reasonable pretrial
discovery. Each party has the right to subpoena witnesses. The hearing
shall be held before a judge who was not involved in the challenged
proceeding. The petitioner has the right to be present at the hearing and
the right to cross-examine adverse witnesses. The Rules of Evidence apply
at the hearing. Upon the conclusion of the hearing, if the case has been
transferred for a reference hearing the superior court shall enter findings
of fact and have the findings and all appellate court files forwarded to
the appellate court. Upon the conclusion of the hearing if the case has
been transferred for a determination on the merits, the superior court
shall enter findings of fact and conclusions of law and an order deciding
the petition.
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