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

(A) Jurisdiction; When Available. A court of record may issue a writ of habeas corpus directing that a prisoner in a jail or prison in Michigan be brought to testify

(1) on the court's own initiative; or

(2) on the ex parte motion of a party in an action before a court or an officer or body authorized to examine witnesses.

A writ of habeas corpus may also be issued to bring a prisoner to court for prosecution. Subrules (C)-(G) apply to such a writ.

(B) Contents of Motion. The motion must be verified by the party and must state

(1) the title and nature of the action in which the testimony of the prisoner is desired; and

(2) that the testimony of the prisoner is relevant and necessary to the party in that proceeding.

(C) Direction to Surrender Custody for Transportation. 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, rather than requiring the custodian to bring the prisoner to that place.

(D) Form of Writ. A writ of habeas corpus to produce a prisoner to testify or for prosecution must be substantially in the form approved by the state court administrator.

(E) Answer and Hearing. If the prisoner is produced or delivered to the custody of a designated officer as ordered, the person served with the writ need not answer the writ, and a hearing on the writ is unnecessary.

(F) Remand. When a prisoner is brought on a writ of habeas corpus to testify or for prosecution, the prisoner must be returned to the original custodian after testifying or prosecution.

(G) Applicability of Other Rules. MCR 3.303(G), (I), (J), and (K)(1) apply to habeas corpus to produce a prisoner to testify or for prosecution.