(d) The return must be signed by the person making the return, and, except when such person is a
sworn public officer and makes such return in an official capacity, it must be verified by the oath
of the person making the return.
(e) The allegations of a return to the Writ or Order to Show cause in a habeas corpus proceeding, if
not overcome, shall be accepted as true except to the extent that the judge finds from the
evidence that they are not true.
Legislative History-Amended 12/10/97, Resolu. 1998-055; Readopted 8/01/06, Resolu. 2006-524.
1-14.06 Hearing on Return.
(a) The detainee shall be brought before the person to whom the writ is directed when possible.
The hearing must be held within 2 days of the filing of the return and may be summary in
nature.
(b) Unless the application for the writ and the return present only issues of law, the person to whom
the writ is directed shall be required to produce at the hearing the body of the person detained.
(c) Evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit.
(1) If affidavits are admitted any party shall have the right to present written interrogatories to
the affiant, or to file answering affidavits.
(2) Transcripts of proceedings upon arraignment, plea and sentence and a transcript of the oral
testimony introduced on any previous similar application by or in behalf of the same
petitioner shall be admissible in evidence.
(3) Transcripts may be by taped recording of the original proceedings.
(4) The certificate of the judge who presided at the trial resulting in the judgment, setting forth
the facts occurring at the trial, shall be admissible in evidence.
(5) Copies of the certificate shall be filed with the court in which the application is pending and
in the court in which the trial took place.
1-14.07 Service of the Writ. The writ must be served upon the person to whom it is directed and must be
served in the same manner as a summons.
1-14.08 Finality of Determination.
(a) If the detainee is in official custody, the detainee may only be released on a writ of habeas
corpus if such commitment affects the detainee's substantial rights and not for any technical
defect in commitment.
(b) Following the hearing, the judge or justice shall make such judgment regarding the custody of
the detained person as the facts and circumstance warrant and such order shall be effective
immediately.
1-14.09 Duties of Respondent. Upon application for a writ, the respondent shall promptly file with the court
certified copies of the indictment, plea of petitioner and the judgment, or such of them as may be material
to the questions raised, if the petitioner fails to attach them to his petition, and same shall be attached to
the return to the writ, or to the answer to the order to show cause.
1-14.10 Indigent Petitioner. If the petitioner is indigent, the clerk of the court shall furnish to the petitioner
without cost certified copies of such documents or parts of the record on file as may be required by order of
the judge before whom the application is pending.
1-14.11 Notice. Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of the
Spokane Tribe or by virtue of Spokane Tribal or federal laws, notice shall be served on the Tribal attorney or
other appropriate officer as the justice or judge at the time of issuing the writ shall direct.
1-14.12 Appeal.
(a) In a habeas corpus proceeding, the final order shall be subject to review, on appeal, by the
Spokane Tribal Court of Appeals.
(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a
warrant to remove to another district or place for commitment or trial a person charged with a
criminal offense against the Spokane Tribe or the United States, or to test the validity of such
person's detention pending removal proceedings.
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Revised Spokane Law & Order Code, 5/14/2013