California

Criminal Procedure

Criminal Procedure

Rule 4.550 – Habeas corpus application and definitions

(a) Application

This chapter applies to habeas corpus proceedings in the superior court under Penal Code section 1473 et seq. or any other provision of law authorizing relief from unlawful confinement or unlawful conditions of confinement.

(b) Definitions

In this chapter, the following definitions apply:

(1) A “petition for writ of habeas corpus” is the petitioner’s initial filing that commences a proceeding.
(2) An “order to show cause” is an order directing the respondent to file a return. The order to show cause is issued if the petitioner has made a prima facie showing that he or she is entitled to relief; it does not grant the relief requested. An order to show cause may also be referred to as “granting the writ.”
(3) The “return” is the respondent’s statement of reasons that the court should not grant the relief requested by the petitioner.
(4) The “denial” is the petitioner’s pleading in response to the return. The denial may be also referred to as the “traverse.”
(5) An “evidentiary hearing” is a hearing held by the trial court to resolve contested factual issues.
(6) An “order on writ of habeas corpus” is the court’s order granting or denying the relief sought by the petitioner.

Cal. R. Ct. 4.550

Rule 4.550 amended effective January 1, 2007; adopted effective January 1, 2002.