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2014 California Rules of Court

Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party

(a) Form and content of petition and memorandum

(1)A petition for habeas corpus filed by an attorney need not be filed on Petition for Writ of Habeas Corpus (form MC-275) but must contain the information requested in that form. All petitions filed by attorneys, whether or not on form MC-275, must be either typewritten or produced on a computer, and must comply with this rule and rules 8.40(b)-(c) relating to document covers and 8.204(a)(1)(A) relating to tables of contents and authorities. A petition that is not on form MC-275 must also comply with the remainder of rule 8.204(a) and 8.204(b).

(2)Any memorandum accompanying the petition must comply with rule 8.204(a)-(b). Except in habeas corpus proceedings related to sentences of death, any memorandum must also comply with the length limits in rule 8.204(c).

(3)The petition and any memorandum must support any reference to a matter in the supporting documents by a citation to its index tab and page.

(Subd (a) amended and lettered effective January 1, 2009; adopted as part of subd (b) effective January 1, 2006.)

(b) Supporting documents

(1)The petition must be accompanied by a copy of any petition-excluding exhibits-pertaining to the same judgment and petitioner that was previously filed in any state court or any federal court. If such documents have previously been filed in the same Court of Appeal where the petition is filed or in the Supreme Court and the petition so states and identifies the documents by case name and number, copies of these documents need not be included in the supporting documents.

(2)If the petition asserts a claim that was the subject of an evidentiary hearing, the petition must be accompanied by a certified transcript of that hearing.

(3)Rule 8.486(c)(1) and (2) govern the form of any supporting documents accompanying the petition.

(4)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; previously amended effective January 1, 2007, and January 1, 2009.)

(c) Number of copies

If the petition is filed in the Supreme Court, the attorney must file the number of copies of the petition and supporting documents required by rule 8.44(a). If the petition is filed in the Court of Appeal, the attorney must file the number of copies of the petition and supporting documents required by rule 8.44(b).

(Subd (c) amended and lettered effective January 1, 2009; adopted as part of subd (b) effective January 1, 2006.)

(d) Noncomplying petitions

The clerk must file an attorney's petition not complying with (a)-(c) if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five days.

(Subd (d) amended and lettered effective January 1, 2009; adopted as part of subd (b) effective January 1, 2006.)

Rule 8.384 amended effective January 1, 2014; adopted as rule 60.5 effective January 1, 2006; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2009.

Advisory Committee Comment

Subdivision (b)(4). 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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