Rule 8.388. Appeal from order granting relief by writ of habeas corpus

Cal. Rules of Court, rule 8.388

Current text effective April 25, 2019.

#(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.)

#History

Rule 8.388 amended effective April 25, 2019; repealed and adopted as rule 39.2 effective January 1, 2005; previously amended and renumbered as rule 8.388 effective January 1, 2007.

What this rule requires

Document Filing Requirements

(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.

Official text: courts.ca.gov , checked October 19, 2026.