Idaho Code 19-4210 – Discovery in Habeas Corpus Proceedings
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(1) Discovery shall not ordinarily be permitted in habeas corpus cases.
(2) No discovery shall be permitted if the issues raised by the petition, the response or reply are wholly legal in nature.
Terms Used In Idaho Code 19-4210
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) If factual issues are raised by the pleadings, the court may, upon motion, grant leave for discovery in accordance with Idaho rules of civil procedure.
(a) The party must file a motion for leave to conduct discovery, attaching a copy of the discovery sought.
(b) If the court finds that discovery is necessary to protect or defend a substantive state or federal constitutional right at issue, it shall enter an order tailored to allow discovery for that limited purpose.