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.)

Rule 8.388 amended effective April 25, 2019; repealed and adopted as rule 39.2 effective January 1, 2005; previously amended and renumbered as rule 8.388 effective January 1, 2007.


Rules that reference this rule: N/A