Cal. Rules of Court, rule 8.380 · Article 1. Habeas Corpus Proceedings Not Related to Judgment of Death

Petition for writ of habeas corpus filed by petitioner not represented by an attorney

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Required Judicial Council form

A person who is not represented by an attorney and who petitions a reviewing court for writ of habeas corpus seeking release from, or modification of the conditions of, custody of a person confined in a state or local penal institution, hospital, narcotics treatment facility, or other institution must file the petition on Petition for Writ of Habeas Corpus (form HC-001). For good cause the court may permit the filing of a petition that is not on that form, but the petition must be verified.

(b) Form and content

A petition filed under (a) need not comply with the provisions of rules 8.40, 8.204, or 8.486 that prescribe the form and content of a petition and require the petition to be accompanied by a memorandum. If any supporting documents accompanying the petition are sealed or confidential records, rules 8.45-8.47 govern these documents.

In the Court of Appeal, the petitioner must file the original of the petition under (a) and one set of any supporting documents. In the Supreme Court the petitioner must file an original and, if the petition is filed in paper form, 10 copies of the petition and an original and, if the document is filed in paper form, 2 copies of any supporting document accompanying the petition unless the court orders otherwise.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2020; previously amended effective January 1, 2006, January 1, 2007, January 1, 2009, and January 2018.)

(Subd (b) amended effective January 1, 2014; adopted as part of subd (a) effective January 1, 2005; previously amended and lettered effective January 1, 2009.)

(Subd (c) amended effective January 1, 2016; adopted as part of subd (a) effective January 1, 2005; previously amended and lettered as subd (c) effective January 1, 2009.)

Rule 8.380 amended effective January 1, 2020; repealed and adopted as rule 60 effective January 1, 2005; previously amended and renumbered as rule 8.380 effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2009, January 1, 2014, January 1, 2016, and January 1, 2018.

Advisory Committee Comment

Subdivision (b). Examples of confidential records include Penal Code section 1203.03 diagnostic reports, records closed to inspection by court order under People v. Marsden (1970) 2 Cal.3d 118 or Pitchess v. Superior Court (1974) 11 Cal.3d 531, in-camera proceedings on a confidential informant, and defense expert funding requests (Pen. Code, § 987.9; Keenan v. Superior Court (1982) 31 Cal.3d 424, 430).

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/eight/rule8_380
Text hash: sha256 d10cb3a9f800b20b85af1a54230a80b4b8cd6f7a0bcb062a256fa33421ebe8b4
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

This rule cites

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Penal Code

California Rules of Court

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California Rules of Court

Cal. Rules of Court, rule 8.44Number of copies of filed documentsPrinted as rule 8.380

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.