Cal. Rules of Court, rule 8.388 · Article 1. Habeas Corpus Proceedings Not Related to Judgment of Death

Appeal from order granting relief by writ of habeas corpus

Verbatim from the official edition

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

(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.

(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.

Notes and commentary — not rule text

History

(Subd (a) amended effective April 25, 2019; previously amended effective January 1, 2007.)

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Rule 8.388 amended effective April 25, 2019; repealed and adopted as rule 39.2 effective January 1, 2005; previously amended and renumbered as rule 8.388 effective January 1, 2007.

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_388
Text hash: sha256 ad9da29a3de540d276749d212a5e5f64ee1c05f0bddbbae10c4a29bdfcfc9dd6
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

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Penal Code

California Rules of Court

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.