(i) Controverting Answer. The plaintiff or the prisoner

may, in a reply or at the hearing, controvert the answer under oath, to show either that the restraint of the prisoner was unlawful, or that the prisoner is entitled to discharge or other appropriate remedy. (j) Hearing and Judgment. The court shall proceed in a summary manner to hear the matter and render judgment accordingly. (k) Notice of Hearing Before Discharge. When the answer indicates that the prisoner is in custody on any process under which any other person has an interest in continuing the prisoner’s restraint, no order may be made for the prisoner’s discharge unless the person so interested, or that person’s attorney, has had reasonable notice of the time and place of the hearing. When the answer indicates that the prisoner is detained upon a criminal accusation, the prisoner shall not be discharged until reasonable notice of the time and place of the hearing is given to the prosecuting attorney of the district within which the prisoner is detained or, if there is no prosecuting attorney within the district, to the Attorney General. (l) Custody of Child. An order to show cause, and not a writ of habeas corpus, shall be issued initially if the action is brought by a parent, foster parent, or other relative of the child, to obtain custody of the child under the age of sixteen years from a parent, foster parent, or other relative of the child, the Commissioner of Health and Social Services, or any other person. (m) Superseded By Post-Conviction Relief Procedure Under Criminal Rule 35.1. This rule does not apply to any post-conviction proceeding that could be brought under Criminal Rule 35.1. The court shall treat such a complaint as an application for post-conviction relief under Criminal Rule 35.1 and, if necessary, transfer the application to the court of appropriate jurisdiction for proceedings under that rule. (n) Not a Substitute for Remedies in Trial Court or Direct Review. This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or direct review of a sentence or conviction. (Amended by SCO 49 effective January 1, 1963; by SCO 107 effective July 1, 1970; by SCO 457 effective March 15, 1981; by SCO 880 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1186 effective July 15, 1995; and by SCO 1829 effective October 15, 2014) Cross References (b) CROSS REFERENCE: AS 12.75.010; AS 12.75.020; AS 12.75.030 (c)(1) CROSS REFERENCE: AS 12.75.180; AS 12.75.190; AS 12.75.200 (e)(1) CROSS REFERENCE: AS 12.75.040 (g)(1) CROSS REFERENCE: AS 12.75.110