Finalized Petition (a) Form. The term "finalized petition" shall refer to the petition filed by retained or appointed counsel, or by a petitioner who has expressly waived counsel and elected to procee

U.S. District Court for the Northern District of California

Rule Set: Habeas Corpus Local Rules of the United States District Court for the Northern District of California

Rule: 2254-28

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Hab. L.R. 2254-28

All Rules: N.D. Cal. Habeas Corpus Local Rules, complete index


Text

(b) Contents. All assertions of historical or procedural fact shall be accompanied by citations to the state trial record or other record of proceedings and shall appear in a style comporting with the designations employed in the index of materials prepared in accordance with Habeas L.R. 2254-27(a)(5). The finalized petition shall: (1) State whether the petitioner has previously sought relief arising out of the same matter from this Court or any other federal court, together with the ruling and reasons of such court; (2) Include a table of contents which sets forth the headings and subheadings in the petition; (3) Set forth each factual allegation or group of related allegations in a separately numbered or lettered paragraph; (4) Identify where in the record each claim was exhausted; and (5) Set forth any scheduled execution date. (c) Filing and Service.

Counsel for the petitioner shall file an original and two copies of the finalized petition and shall serve a copy of the petition on counsel for the respondent. A pro se petitioner need only file the original. The Clerk shall serve a copy of a finalized pro se petition on the Attorney General.

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