The burden in a habeas corpus proceeding is to persuade the Court that the writ should be issued. The petitioner must present the Court a record that is sufficient to make a prima facie case showing that the order of the District Court constituted a violation, deprivation, infringement or denial of his constitutional, statutory or legal rights. Miller v. Eleventh Jud. Dist. Ct., 2007 MT 58, ¶ 14, 336 Mont. 207, 154 P.3d 1186, citing In re Hart, 178 Mont. 235, 249-50, 583 P.2d 411, 418-19 (1978) (internal citations omitted).
Once a prima facie claim is filed that demonstrates that if the factual and legal allegations are true, the petitioner might be entitled to relief, the court may require a summary response. No reply is allowed. The Court may order more extensive briefing, oral argument, issue the writ or dismiss the petition. This Court may also order a stay of further proceedings in the other court, pending disposition of the petition. M. R. App. P. 14(7).