Cal. Rules of Court, rule 4.576 · Article 3. Death Penalty-Related Habeas Corpus Proceedings in the Superior Court
Successive petitions
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Notice of intent to dismiss
Before dismissing a successive petition under Penal Code section 1509(d), a superior court must provide notice to the petitioner and an opportunity to respond.
(b) Certificate of appealability
The superior court must grant or deny a certificate of appealability concurrently with the issuance of its decision denying relief on a successive death penalty-related habeas corpus petition. Before issuing its decision, the superior court may order the parties to submit arguments on whether a certificate of appealability should be granted. If the superior court grants a certificate of appealability, the certificate must identify the substantial claim or claims for relief shown by the petitioner and the substantial claim that the requirements of Penal Code section 1509(d) have been met. The superior court clerk must send a copy of the certificate to the petitioner, the Attorney General, the district attorney, the clerk/executive officer of the Court of Appeal and the district appellate project for the appellate district in which the superior court is located, the assisting counsel or entity, and the clerk/executive officer of the Supreme Court. The superior court clerk must send the certificate of appealability to the Court of Appeal when it sends the notice of appeal under rule 8.392(c).
Notes and commentary — not rule text
History
Rule 4.576 adopted effective April 25, 2019.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/four/rule4_576
- Text hash
- sha256 5719aafe59040aef98f9b6f22dae3dcadb193a39e5478e54571a67b6bd658ab1
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.