Appeal from order granting relief by writ of habeas corpus
California Rules of Court
Rule: 8.388
Jurisdiction: CA
Bluebook Citation: Cal. R. Ct. 8.388
(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 Rule 8.388 amended effective April 25, 2019; repealed and adopted as rule 39.2 effective January 1, 2005; previously amended and renumbered as rule 8.388 effective January 1, 2007.
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