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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980
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Application for writ of habeas corpus ad subjiciendum
1.—(1) Subject to paragraph (2), an application for a writ of habeas corpus ad subjiciendum shall be, made ex parte or by originating notice of motion to the Court.
(2) A civil application for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of a minor shall be made ex parte or by originating summons to a judge in chambers who shall for this purpose be deemed to constitute the Court.
(3) The application must, subject to paragraph (4), be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.
(4) Where the person restrained is unable for any reason to make the affidavit required by paragraph (3), the affidavit may be made by some other person on his behalf and that affidavit must state for what reason the person detained is unable to make the affidavit himself.
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