(1)On motion by a Notice of Preliminary Motion for a Habeas Corpus Order (Form 69.1A) or a Notice of Motion for a Habeas Corpus Order (Form 69.1B) in accordance with Rule 37, a person may apply to a judge for the issuance of a Habeas Corpus Order (Form 69.1C).

(2)If the motion is made by a Notice of Preliminary Motion for a Habeas Corpus Order, an undertaking to commence a proceeding is not required for the purposes of this rule.

(1)Upon requesting a date for the hearing of the motion, the party giving notice of the motion may also request, with reasons, that the judge issue a Habeas Corpus Summons (Form 69.1D).

(2)After considering the reasons, the judge may, if he or she considers it appropriate, also hear the party before deciding whether it is necessary to issue a Habeas Corpus Summons.

(3)A Habeas Corpus Summons

(4)The Habeas Corpus Summons shall be served with the Notice of Preliminary Motion for a Habeas Corpus Order or the Notice of Motion for a Habeas Corpus Order, as the case may be.

(5)If a person fails to comply with a Habeas Corpus Summons, the judge may issue a Contempt Order (Form 76A) against the person.