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2014 California Rules of Court

Rule 8.387. Decision in habeas corpus proceedings

(a) Filing the decision

(1)Rule 8.264(a) governs the filing of the decision in the Court of Appeal.

(2)Rule 8.532(a) governs the filing of the decision in the Supreme Court.

(Subd (a) adopted effective January 1, 2009.)

(b) Finality of decision in the Court of Appeal

(1)General finality period

Except as otherwise provided in this rule, a Court of Appeal decision in a habeas corpus proceeding is final in that court 30 days after filing.

(2)Denial of a petition for writ of habeas corpus without issuance of an order to show cause

(A)Except as provided in (B), a Court of Appeal decision denying a petition for writ of habeas corpus without issuance of an order to show cause is final in the Court of Appeal upon filing.

(B)A Court of Appeal decision denying a petition for writ of habeas corpus without issuing an order to show cause is final in that court on the same day that its decision in a related appeal is final if the two decisions are filed on the same day. If the Court of Appeal orders rehearing of the decision in the appeal, its decision denying the petition for writ of habeas corpus is final when its decision on rehearing is final.

(3)Decision in a habeas corpus proceeding after issuance of an order to show cause

(A)If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, a Court of Appeal may order early finality in that court of a decision in a habeas corpus proceeding after issuing an order to show cause. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

(B)If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

(Subd (b) adopted effective January 1, 2009.)

(c) Finality of decision in the Supreme Court

Rule 8.532(b) governs finality of a decision in the Supreme Court.

(Subd (c) adopted effective January 1, 2009.)

(d) Modification of decision

(1)A reviewing court may modify a decision until the decision is final in that court. If the clerk's office is closed on the date of finality, the court may modify the decision on the next day the clerk's office is open.

(2)An order modifying an opinion must state whether it changes the appellate judgment. A modification that does not change the appellate judgment does not extend the finality date of the decision. If a modification changes the appellate judgment, the finality period runs from the filing date of the modification order.

(Subd (d) adopted effective January 1, 2009.)

(e) Rehearing

(1)Rule 8.268 governs rehearing in the Court of Appeal.

(2)Rule 8.536 governs rehearing in the Supreme Court.

(Subd (e) adopted effective January 1, 2009.)

(f) Remittitur

(1)A Court of Appeal must issue a remittitur in a habeas corpus proceeding under this chapter except when the court denies the petition without issuing an order to show cause or orders the return filed in the superior court.

(2)A Court of Appeal must also issue a remittitur if the Supreme Court issues a remittitur to the Court of Appeal.

(3)Rule 8.272(b)-(d) governs issuance of a remittitur by a Court of Appeal in habeas corpus proceedings, including the clerk's duties; immediate issuance, stay, and recall of remittitur; and notice of issuance.

(Subd (f) amended effective January 1, 2014; adopted as unlettered subd effective January 1, 2008; previously amended and lettered effective January 1, 2009.)

Rule 8.387 amended effective January 1, 2014; adopted as rule 8.386 effective January 1, 2008; previously amended and renumbered effective January 1, 2009.

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.

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