§ 25-41. Habeas Corpus in Family--Preliminary Consideration

§ 25-41. Habeas Corpus in Family--Preliminary Consideration

 

(a)The judicial authority shall promptly review any petition for a writ of habeas corpus to determine whether the writ should issue. The judicial authority shall issue the writ if it appears that:

 

(1) the court has jurisdiction;

 

(2) the petition is meritorious; and

 

(3) another proceeding is not more appropriate.

 

(b)The judicial authority shall notify the petitioner if it declines to issue the writ pursuant to this section.