7.4 Habeas Corpus Petitions Under 28 U.S.C. § 2254

Within sixty (60) days of serving its answer to the petition for habeas corpus, the respondent shall file either:

1. a written statement representing that an evidentiary hearing is necessary to resolve disputed issues of material fact; or

2. if the respondent believes that there are no disputed issues of material fact, a dispositive motion (e.g., a motion for summary judgment), with specific references, where applicable, to the pertinent transcripts and state court orders.  See also LR 56.1 governing memoranda filed in support of motions for summary judgment.

(Added 1/1/01; amended 1/1/03; amended 12/1/13)