Rule 3.304.Habeas Corpus to Bring Prisoner to Testify or for Prosecution

This habeas rule has nothing to do with testing the legality of a detention. Under MCR 3.304 the writ works as a production order: it brings a prisoner held in a jail or prison in Michigan into court, either to give testimony or to answer a prosecution.

Who can ask, and how

Subrule (A) gives two routes to a testimonial writ. The court may issue it on its own initiative under subrule (A)(1), or a party may move ex parte under subrule (A)(2). The motion route is open in an action before a court and also before an officer or body authorized to examine witnesses, so the rule reaches past trial courtrooms. The closing sentence of subrule (A) recognizes the second use of the writ, bringing a prisoner to court for prosecution, and applies subrules (C) through (G) to it.

What the motion must say

Subrule (B) keeps the showing short but demands verification by the party. The motion must state the title and nature of the action in which the prisoner's testimony is desired, and that the testimony is relevant and necessary to the party in that proceeding. Both adjectives are in the rule: relevance alone is not the standard the subrule sets.

Custody and transport

Subrule (C) offers the court an alternative to ordering the custodian to make the trip. The writ may direct that the prisoner be placed in the custody of a designated officer for transportation to the place where the hearing or trial is to be held. Subrule (F) closes the loop: a prisoner brought on this writ must be returned to the original custodian after testifying or after the prosecution.

Form and follow-through

Subrule (D) requires the writ to be substantially in the form approved by the state court administrator. Subrule (E) then removes a step the detention rule would otherwise require. If the prisoner is produced or delivered to the designated officer as ordered, the person served need not answer the writ, and no hearing on the writ is necessary. Compliance is the answer.

Subrule (G) borrows from the detention rule rather than repeating it: MCR 3.303(G), (I), (J), and (K)(1) apply here. That supplies the endorsement of allowance, the service provisions and tender of fees, the tolerance for defects in form, and the timing rule for a writ that names a specific day and hour for the answer and the production of the prisoner.