Application for Writ: Verification; Prior Applications to be

Stated; Service Upon Attorney General. Every application for a writ of habeas corpus shall be verified, and shall state whether any prior application has been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior application has been made the latter application shall contain a brief statement of all proceedings had therein, to and including the final order made therein, on appeal or otherwise. Whenever the person applying for a writ of habeas corpus is held in custody or restraint by any officer of this Territory or by any peace officer of this Territory, a copy of the application for such writ shall in all cases be served upon the Attorney General at least 24 hours before the time at which said writ is made returnable and no application for such writ can be heard without proof of such service in cases where such service is required. NOTE: Section 135.14 is substantively the same as former § 1475. Compare Cal. Pen. Code § 1475. The California section has a lengthy provision which precludes a new application for a writ to the same court unless there has been a change in the facts or law. Although not so specifically stated, this rule is implicit in the requirement that the application contains a statement regarding prior applications. See generally B. Witkin, California Criminal Procedure Habeas Corpus and Other Extraordinary Writs §§ 798, 814-815 (1963, Supp. 1973).