Rule 4.545. Definitions

#(1) A "petition for writ of habeas corpus" is the petitioner's initial filing that commences a proceeding.

#(2) An "order to show cause" is an order directing the respondent to file a return. The order to show cause is issued if the petitioner has made a prima facie showing that he or she is entitled to relief; it does not grant the relief requested. An order to show cause may also be referred to as "granting the writ."

#(3) The "return" is the respondent's statement of reasons that the court should not grant the relief requested by the petitioner.

#(4) The "denial" is the petitioner's pleading in response to the return. The denial may be also referred to as the "traverse."

#(5) An "evidentiary hearing" is a hearing held by the trial court to resolve contested factual issues.

#(6) An "order on writ of habeas corpus" is the court's order granting or denying the relief sought by the petitioner.

#(7) The definitions in rule 8.601 also apply to this chapter.