1a. If there is an existing Tulsa County Family Division case, the application shall be filed in that case and shall be styled the same as the existing case.

1b. If there is no existing Tulsa County Family Division case, the Petition for Writ of Habeas Corpus shall be filed in the Family Division with a new case number. No Petition shall be filed without a certified copy of the existing custody order. The Judge shall be assigned by computer at the time of filing. The Petition shall be filed without fee.

2. Writs may be served by licensed process servers or the Tulsa County Sheriff's Office unless the minor child or children are to be picked up. If the Judge orders the minor child or children to be picked up, then service must be by Tulsa County Sheriff's department.

3. Counsel or the applicant shall deliver a copy of the application or Petition to the assigned Judge to have a hearing scheduled without delay.

4. Counsel or the applicant shall notify all parties of the specific hearing date.

5. Applications for a writ to secure the presence of a prisoner at hearings in a family relations case shall follow the procedure set out in this Rule below for the Civil Division.

Criminal Division--Those actions seeking release from custody of persons held in the Tulsa City-County Jail System or in the custody of law enforcement officers.

1a. If there is an existing Tulsa County criminal case, the application shall be filed in that case and shall be styled the same as the criminal case at issue.

1b. If there is no existing Tulsa County criminal case, the application shall be filed in the Criminal Division under the case designation WH. The Judge shall be assigned by computer at the time of filing. This application shall be filed without fee and a copy provided to the District Attorney.

2a. Counsel or the applicant for a criminal writ must serve a copy of the application on the custodian of the prisoner, the Sheriff of Tulsa County and the District Attorney of Tulsa County.

2b. If the custodian is a warden/superintendent of a state correctional facility, a copy must also be mailed to the General Counsel of the Department of Corrections.

3. Counsel or the applicant shall deliver a copy of the application to the assigned judge, have the application set on the docket and scheduled for a hearing.

4. Counsel or the applicant shall notify all parties of the specific hearing date.

5. No writ shall issue without notice and a hearing, unless such is waived by the custodian and the District Attorney. The counsel for the custodian may respond to the application by written motion and brief with a request for the court to rule on the application in accordance with Rule 4(h) of the Oklahoma Rules for District Courts.

6. The hearing on the application will be scheduled not less than 10 working days prior to the date of the hearing at which the presence of the prisoner is requested, unless the prisoner is in the Tulsa City-County Jail System or does not request attendance at the hearing, in which event, the Court will consider the application without delay.

7. Reference 22 O.S. § 1151.

Juvenile Division--Those actions seeking review or Habeas Corpus relief concerning custodial status assumed by state agencies, including Oklahoma Department of Human Services, over minors within the purview of the juvenile court.

Civil Division--Habeas Corpus Actions, not otherwise provided for in this rule.

1a. Counsel or the applicant for a writ to secure the presence of a prisoner at hearings in a civil case must serve a copy of the application by mail on the custodian of the prisoner.

1b. If the custodian is the Sheriff of Tulsa County, a copy must also be served on the District Attorney of Tulsa County.

1c. If the custodian is a warden/superintendent of a state correctional facility, a copy must also be mailed to the General Counsel of the Department of Corrections.

2. Counsel or the applicant shall deliver a copy of the application to the assigned Judge, have the application set on the docket and scheduled for a hearing, unless a hearing is waived by the Judge.

3. Counsel or the applicant shall notify all parties of the specific hearing date.

4. The application shall be styled the same as the civil case at issue.

5. The hearing on the application will be scheduled not less than 10 working days prior to the date of the hearing at which the presence of the prisoner is requested, unless the prisoner is in the Tulsa City-County Jail System, in which event, the Court may shorten the time.

6. The Court may waive the hearing and rule on the application pursuant to Rule 4(h) of the Supreme Court Rules for District Courts.

7. Reference 12 O.S. § 397 and Johnson v. Scott, 702 P.2d 56 (Okla. 1985).