RAP 16.9: PERSONAL RESTRAINT PETITION -- RESPONSE TO PETITION

(a) Generally. The respondent must serve and file any response within 60 days after the court requests that a response be filed, unless the time is extended by the commissioner or clerk for good cause shown. The response must answer the allegations in the petition. The response must state the authority for the restraint of petitioner by respondent and, if the authority is in writing, include a conformed copy of the writing. If an allegation in the petition can be answered by reference to a record of another proceeding, the response should so indicate and include a copy of those parts of the record that are relevant. Respondent should also identify in the response all material disputed questions of fact.

(b) Requirement to Admit or Deny. After the time for filing a response has passed, the appellate court may direct the respondent to admit or deny specific allegations.

[Originally effective July 1, 1976; amended effective September 1, 1998; April 16, 2002; September 1, 2006; September 1, 2014.]

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