Cal. R. 8.388

As amended through September 20, 2024

Rule 8.388 - Appeal from order granting relief by writ of habeas corpus

(a) Application

Except as otherwise provided in this rule, rules 8.304-8.368 and 8.508 govern appeals under Penal Code section 1506 or 1507 from orders granting all or part of the relief sought in a petition for writ of habeas corpus. This rule does not apply to appeals under Penal Code section 1509.1 from superior court decisions in death penalty-related habeas corpus proceedings.

(Subd (a) amended effective April 25, 2019; previously amended effective January 1, 2007.)

(b)Contents of record

In an appeal under this rule, the record must contain:

(1) The petition, the return, and the traverse;

(2) The order to show cause;

(3) All court minutes;

(4) All documents and exhibits submitted to the court;

(5) The reporter's transcript of any oral proceedings;

(6) Any written opinion of the court;

(7) The order appealed from; and

(8) The notice of appeal.

(Subd (b) amended effective January 1, 2007.)

Cal. R. Ct. 8.388

Rule 8.388 amended effective 4/25/2019; repealed and adopted as rule 39.2 effective 1/1/2005; previously amended and renumbered as rule 8.388 effective 1/1/2007.

Advisory Committee Comment

A party may seek review of a Court of Appeal decision in a habeas corpus proceeding by way of a petition for review in the Supreme Court under rule 8.500.

Subdivision (f). Under this rule, a remittitur serves as notice that the habeas corpus proceedings have concluded.