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2019 California Rules of Court

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.

(Subd (a) 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Rule 8.388 amended and renumbered effective January 1, 2007; repealed and adopted as rule 39.2 effective January 1, 2005.

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