TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4210.  Discovery in habeas corpus proceedings. (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.

(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.

History:

[19-4210, added 1999, ch. 376, sec. 2, p. 1031.]