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2014 California Rules of Court

Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney

(a) Required Judicial Council form

A person who is not represented by an attorney and who petitions a reviewing court for writ of habeas corpus seeking release from, or modification of the conditions of, custody of a person confined in a state or local penal institution, hospital, narcotics treatment facility, or other institution must file the petition on Petition for Writ of Habeas Corpus (form MC-275). For good cause the court may permit the filing of a petition that is not on that form.

(Subd (a) amended effective January 1, 2009; previously amended effective January 1, 2006, and January 1, 2007.)

(b) Form and content

A petition filed under (a) need not comply with the provisions of rules 8.40, 8.204, or 8.486 that prescribe the form and content of a petition and require the petition to be accompanied by a memorandum. If any supporting documents accompanying the petition are sealed or confidential records, rules 8.45-8.47 govern these documents.

(Subd (b) amended effective January 1, 2014; adopted as part of subd (a) effective January 1, 2005; previously amended and lettered effective January 1, 2009.)

(c) Number of copies

In the Court of Appeal, the petitioner must file the original of the petition under (a) and one set of any supporting documents. In the Supreme Court, the petitioner must file an original and 10 copies of the petition and an original and 2 copies of any supporting document accompanying the petition unless the court orders otherwise.

(Subd (c) amended and lettered effective January 1, 2009; adopted as part of subd (a) effective January 1, 2005.)

Rule 8.380 amended effective January 1, 2014; repealed and adopted as rule 60 effective January 1, 2005; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, and January 1, 2009.

Advisory Committee Comment

Subdivision (b). Examples of confidential records include probation reports, Penal Code section 1203.03 diagnostic reports, records closed to inspection by court order under People v. Marsden (1970) 2 Cal.3d 118 or Pitchess v. Superior Court (1974) 11 Cal.3d 531, in-camera proceedings on a confidential informant, and defense expert funding requests (Pen. Code, § 987.9; Keenan v. Superior Court (1982) 31 Cal.3d 424, 430).

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