§ 23-35. Habeas Corpus--Schedule for Filing Pleadings

§ 23-35. Habeas Corpus--Schedule for Filing Pleadings

 

Unless the judicial authority issues specific scheduling orders, the following schedule shall apply:

 

(a) Amended Petition.

 

(1) Transcript Necessary. If a transcript of prior proceedings is necessary to pursue the petition, within thirty days after notice that the writ has issued, or notice of appointment of counsel, whichever is later, the petitioner shall file a statement describing any transcript(s) ordered. Upon receipt of the transcript(s), the petitioner shall file a notice of transcript receipt. Within sixty days of receipt of the transcript(s), the petitioner shall file an amended petition, or notice that the petition will not be amended.

 

(2) Transcript not Necessary. If a transcript is not necessary to pursue the petition, within thirty days after notice that the writ has issued, or notice of appointment of counsel, whichever is later, the petitioner shall file an amended petition or a notice that the petition will not be amended.

 

(b) Return or Responsive Pleading.The return or responsive pleading shall be filed within thirty days of the filing of the amended petition or the notice that the petition will not be amended.

 

(c) Reply.Any reply to the return shall be filed within thirty days after the filing of the return.

 

(d)The judicial authority may alter the time for filing any pleading.