California

Criminal Procedure

Criminal Procedure

Rule 4.571 – Filing of petition in the superior court

(a)Petition

(1) A petition and supporting memorandum must comply with this rule and, except as otherwise provided in this rule, with rules 2.100-2.117 relating to the form of papers.
(2) A memorandum supporting a petition must comply with rule 3.1113(b), (c), (f), (h), (i), and (l).
(3) The petition and supporting memorandum must support any reference to a matter in the supporting documents or declarations, or other supporting materials, by a citation to its index number or letter and page and, if applicable, the paragraph or line number.
(b)Supporting documents

(1) The record prepared for the automatic appeal, including any exhibits admitted in evidence, refused, or lodged, and all briefs, rulings, and other documents filed in the automatic appeal are deemed part of the supporting documents for the petition.
(2) The petition must be accompanied by a copy of any petition, excluding exhibits, pertaining to the same judgment and petitioner that was previously filed in any state court or any federal court, along with any order in a proceeding on such a petition that disposes of any claim or portion of a claim.
(3) If the petition asserts a claim that was the subject of a hearing, the petition must be accompanied by a certified transcript of that hearing.
(4) If any supporting documents have previously been filed in the same superior court in which the petition is filed and the petition so states and identifies the documents by case number, filing date and title of the document, copies of these documents need not be included in the supporting documents.
(5) Rule 8.486(c)(1) governs the form of any supporting documents accompanying the petition.
(6) If any supporting documents accompanying the petition or any subsequently filed paper are sealed, rules 2.550 and 2.551 govern. Notwithstanding rule 8.45(a), if any supporting documents accompanying the petition or any subsequently filed papers are confidential records, rules 8.45(b), (c), and 8.47 govern, except that rules 2.550 and 2.551 govern the procedures for making a motion or application to seal such records.
(7) When other laws establish specific requirements for particular types of sealed or confidential records that differ from the requirements in this subdivision, those specific requirements supersede the requirements in this subdivision.
(c)Filing and service

(1) If the petition is filed in paper form, an original and one copy must be filed, along with an original and one copy of the supporting documents.
(2) A court that permits electronic filing must specify any requirements regarding electronically filed petitions as authorized under rules 2.250 et seq.
(3) Petitioner must serve one copy of the petition and supporting documents on the district attorney, the Attorney General, and on any assisting entity or counsel.
(d)Noncomplying filings

The clerk must file an attorney’s petition not complying with this rule if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five court days.

(e)Ruling on the petition

(1) The court must rule on the petition within 60 days after the petition is filed with the court or transferred to the court from another superior court.
(2) For purposes of this subdivision, the court rules on a petition by:

(A) Requesting an informal response to the petition;
(B) Issuing an order to show cause; or
(C) Denying the petition.
(3) If the court requests an informal response, it must issue an order to show cause or deny the petition within 30 days after the filing of the reply, or if none is filed, after the expiration of the time for filing the reply under rule 4.573(a)(3).

Cal. R. Ct. 4.571

Rule 4.571 Adopted March 15, 2019, effective April 25, 2019.