Withdrawal of Petition
General Statutes § 52 -80 applies to habeas cases and provides that “[t]he plaintiff may withdraw any action…before the commencement of a hearing on the merits thereof. After the commencement of a hearing on an issue of fact in any such action, the plaintiff may withdraw such action…only by leave of the court for cause shown.” Thus, a habeas petition can be withdrawn without prejudice prior to the commencement of trial. A habeas trial commences only when evidence is presented or argument on the merits is made. It does not commence just because the judge has taken the bench. See Kendall v. Commissioner, 162 Conn. App. 23 (2015).
Prior to moving under General Statutes § 52-80, habeas counsel should consider the effect the withdrawal will have on the state time limitations contained in General Statutes § 52-470(c)(d)(e)(f) and on the federal time limitation contained in Title 28, United States Code, § 2244(d)(one year clock).
Protecting Your Rights
If you deal with a habeas corpus petition, you need to know the right way to proceed. You can get this information by contacting an attorney. Find an attorney who has worked with habeas corpus cases in the past.