2024 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. 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Rule 8.388 amended effective April 25, 2019; repealed and adopted as rule 39.2 effective January 1, 2005; previously amended and renumbered as rule 8.388 effective January 1, 2007.