Petition for Writ of Habeas Corpus



 

Print out form MC-275 from link below, then following are the California Rules of Court, and Penal Code section 1473-1508. 

Petition for Writ of Habeas Corpus - Form MC-275

2003 California Rules of Court 

Rule 4.550. Habeas corpus application and definitions

(a) [Application] This rule 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 rule, 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. 

Rule 4.550 adopted effective January 1, 2002. 
 

Rule 4.551 Habeas corpus proceedings 

(a) [Petition; form and court ruling] 

(1) Except as provided in subdivision (2), the petition must be on the form approved by the Judicial Council, Petition for Writ of Habeas Corpus (form MC-275), and must be served as required in Penal Code section 1475. 

(2) For good cause, a court may also accept for filing a petition that does not comply with subdivision (a)(1). A petition submitted by an attorney need not be on the Judicial Council form. However, a petition that is not on the Judicial Council form must comply with Penal Code section 1474 and must contain the pertinent information specified in form MC-275, including the information required regarding other petitions, motions, or applications filed in any court with respect to the conviction, commitment, or issue. 

(3) Upon filing, the clerk of the court must immediately deliver the petition to the presiding judge or his or her designee. The court must rule on a petition for writ of habeas corpus within 30 days after the petition is filed. If the court fails to rule on the petition for writ of habeas corpus within 30 days of its filing, an order to show cause will be deemed to have issued under subdivision (c). 

(4) For the purposes of subdivision (a)(3), the court rules on the petition by: 

(A) Issuing an order to show cause under subdivision (c); 

(B) Denying the petition for writ of habeas corpus; or 

(C) Requesting an informal response to the petition for writ of habeas corpus under subdivision (b). 

(5) The court must issue an order to show cause or deny the petition within 45 days after receipt of an informal response requested under subdivision (b) of this rule. 

(Subd (a) amended effective January 1, 2002; adopted effective January 1, 1982.) 

(b) [Informal response] 

(1) Before passing on the petition, the court may request an informal response from: 

(A) The respondent or real party in interest; or 

(B) The custodian of any record pertaining to the petitioner's case, directing the custodian to produce the record or a certified copy to be filed with the clerk of the court. 

(2) A copy of the request must be sent to the petitioner. The informal response, if any, must be served upon the petitioner by the party of whom the request is made. The informal response must be in writing and must be served and filed within 15 days. If any informal response is filed, the court must notify the petitioner that he or she may reply to the informal response within 15 days from the date of service of the response upon the petitioner. If the informal response consists of records or copies of records, a copy of every record and document furnished to the court must be furnished to the petitioner. 

(3) After receiving an informal response, the court may not deny the petition until the petitioner has filed a timely reply to the informal response or the 15-day period provided for a reply under subdivision (b)(2) has expired. 

(Subd (b) adopted effective January 1, 2002.) 

(c) [Order to show cause] 

(1) The court must issue an order to show cause if the petitioner has made a prima facie showing that he or she is entitled to relief. In doing so, the court takes petitioner's factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. If so, the court must issue an order to show cause. 

(2) Upon issuing an order to show cause, the court must appoint counsel for any unrepresented petitioner who desires but cannot afford counsel. 

(3) An order to show cause is a determination that the petitioner has made a showing that he or she may be entitled to relief. It does not grant the relief sought in the petition. 

(Subd (c) adopted effective January 1, 2002.) 

(d) [Return] If an order to show cause is issued as provided in subdivision (c), or if the court fails to rule on the petition in a timely manner as required in subdivision (a)(3), the respondent may, within 30 days thereafter, file a return. Any material allegation of the petition not controverted by the return is deemed admitted for purposes of the proceeding. The return must comply with Penal Code section 1480 and must be served on the petitioner. 

(Subd (d) repealed and adopted effective January 1, 2002.) 

(e) [Denial] Within 30 days after service and filing of a return, the petitioner may file a denial. Any material allegation of the return not denied is deemed admitted for purposes of the proceeding. Any denial must comply with Penal Code section 1484 and must be served on the respondent. 

(Subd (e) amended and relettered effective January 1, 2002; adopted as subd (b) effective January 1, 1982.) 

(f) [Evidentiary hearing; when required] Within 30 days after the filing of any denial or, if none is filed, after the expiration of the time for filing a denial, the court must either grant or deny the relief sought by the petition or order an evidentiary hearing. An evidentiary hearing is required if, after considering the verified petition, the return, any denial, any affidavits or declarations under penalty of perjury, and matters of which judicial notice may be taken, the court finds there is a reasonable likelihood that the petitioner may be entitled to relief and the petitioner's entitlement to relief depends on the resolution of an issue of fact. The petitioner must be produced at the evidentiary hearing unless the court, for good cause, directs otherwise. 

(Subd (f) amended and relettered effective January 1, 2002; adopted as subd (c) effective January 1, 1982.) 

(g) [Reasons for denial of petition] Any order denying a petition for writ of habeas corpus must contain a brief statement of the reasons for the denial. An order only declaring the petition to be "denied" is insufficient. 

(Subd (g) amended and relettered effective January 1, 2002; adopted as subd (e) effective January 1, 1982.) 

(h) [Extending or shortening time] On motion of any party or on the court's own motion, for good cause stated in the order, the court may shorten or extend the time for doing any act under this rule. A copy of the order must be mailed to each party. 

(Subd (h) amended and relettered effective January 1, 2002; adopted as subd (f) effective January 1, 1982.) 

Rule 4.551 amended and renumbered effective January 1, 2002; adopted as rule 260 effective January 1, 1982; previously renumbered as rule 4.500 effective January 1, 2001. 

Drafter's Notes 
 

1982-Rule 260 regulates habeas corpus procedure in the superior court. It establishes a timetable for handling habeas corpus petitions, places limitations on certain "ex parte" communications, substitutes the term "denial" in place of the outdated "traverse," and requires a brief statement of the reasons for denial of a petition. 

2001-See note following rule 4.100. 

2002-See note following rule 201. 
 
 

Rule 4.552 Habeas corpus jurisdiction 

(a) [Proper court to hear petition] Except as set forth in subdivision (b)(2), the petition must be heard and resolved in the court in which it is filed. 

(b) [Transfer of petition] 

(1) The superior court in which the petition is filed must determine, based on the allegations of the petition, whether the matter should be heard by it or in the superior court of another county. 

(2) If the superior court in which the petition is filed determines that the matter may be more properly heard by the superior court of another county, it may nonetheless retain jurisdiction in the matter or, without first determining whether a prima facie case for relief exists, order the matter transferred to the other county. Transfer may be ordered in the following circumstances: 

(A) If the petition challenges the terms of a judgment, the matter may be transferred to the county in which judgment was rendered. 

(B) If the petition challenges the conditions of an inmate's confinement, it may be transferred to the county in which the petitioner is confined. A change in the institution of confinement that effects a change in the conditions of confinement may constitute good cause to deny the petition. 

(3) The transferring court must specify in the order of transfer the reason for the transfer. 

(4) If the receiving court determines that the reason for transfer is inapplicable, the receiving court must, within 30 days of receipt of the case, order the case returned to the transferring court. The transferring court must retain and resolve the matter as provided by these rules. 

(c) [Single judge must decide petition] A petition for writ of habeas corpus filed in the superior court must be decided by a single judge; it must not be considered by the appellate division of the superior court. 

Rule 4.552 adopted effective January 1, 2002. 
 

Rule 4.601. Judicial determination of factual innocence form 

(a) [Form to be confidential] Any form CR-150, Certificate of Identity: Judicial Determination of Factual Innocence, that is filed with the court is confidential. The clerk's office must maintain these forms in a manner that will protect and preserve their confidentiality. 

(b) [Access to the form] Notwithstanding subdivision (a), the court, the identity theft victim, the prosecution, and law enforcement agencies may have access to the CR-150. The court may allow access to any other person on a showing of good cause. 

Rule 4.601 adopted effective January 1, 2002. 

Drafter's Notes: 
 

2002-This new rule and the form adopted with it (CR-150, Certificate of Identity Theft: Judicial Determination of Factual Innocence) implement Penal Code section 530.6, which requires the Judicial Council of California to adopt a form for "identity theft" victims. The form memorializes a court finding that a victim of identity theft was factually innocent. Additionally, the identity theft victim can use the form as proof of the court's finding if he or she is contacted by the police. The original form is filed with the court and the identity theft victim is to be given a certified copy. The filed original is confidential under rule 4.601. 


CALIFORNIA CODES 
PENAL CODE 
SECTION 1473-1508 
 

1473.  (a) Every person unlawfully imprisoned or restrained of his 
liberty, under any pretense whatever, may prosecute a writ of habeas 
corpus, to inquire into the cause of such imprisonment or restraint. 

   (b) A writ of habeas corpus may be prosecuted for, but not limited 
to, the following reasons: 
   (1) False evidence that is substantially material or probative on 
the issue of guilt or punishment was introduced against a person at 
any hearing or trial relating to his incarceration; or 
   (2) False physical evidence, believed by a person to be factual, 
probative, or material on the issue of guilt, which was known by the 
person at the time of entering a plea of guilty, which was a material 
factor directly related to the plea of guilty by the person. 
   (c) Any allegation that the prosecution knew or should have known 
of the false nature of the evidence referred to in subdivision (b) is 
immaterial to the prosecution of a writ of habeas corpus brought 
pursuant to subdivision (b). 
   (d) Nothing in this section shall be construed as limiting the 
grounds for which a writ of habeas corpus may be prosecuted or as 
precluding the use of any other remedies. 

1473.5.  (a) A writ of habeas corpus also may be prosecuted on the 
basis that evidence relating to battered women's syndrome, within the 
meaning of Section 1107 of the Evidence Code, based on abuse 
committed on the perpetrator of a homicide by the victim of that 
homicide, was not introduced at the trial relating to the prisoner's 
incarceration, and is of such substance that, had it been introduced, 
there is a reasonable probability, sufficient to undermine 
confidence in the judgment of conviction, that the result of the 
proceedings would have been different.  Sections 1260 to 1262, 
inclusive, apply to the prosecution of a writ of habeas corpus 
pursuant to this section. 
   (b) This section is limited to judgments of conviction for a 
violation of Section 187 resulting from a plea entered, or a trial 
commenced, before January 1, 1992. 
   (c) If a petitioner for habeas corpus under this section filed a 
petition for writ of habeas corpus prior to the effective date of 
this section, it is grounds for denial of the new petition if a court 
determined on the merits in the prior petition that the omission of 
evidence relating to battered woman's syndrome at trial was not 
prejudicial and did not entitle the petitioner to the writ of habeas 
corpus. 
   (d) This section shall remain in effect only until January 1, 
2005,and as of that date is repealed, unless a later enacted statute, 
that is enacted before January 1, 2005, deletes or extends that 
date. 

1473.6.  (a) Any person no longer unlawfully imprisoned or 
restrained may prosecute a motion to vacate a judgment for any of the 
following reasons: 
   (1) Newly discovered evidence of fraud by a government official 
that completely undermines the prosecution's case, is conclusive, and 
points unerringly to his or her innocence. 
   (2) Newly discovered evidence that a government official testified 
falsely at the trial that resulted in the conviction and that the 
testimony of the government official was substantially probative on 
the issue of guilt or punishment. 
   (3) Newly discovered evidence of misconduct by a government 
official committed in the underlying case that resulted in 
fabrication of evidence that was substantially material and probative 
on the issue of guilt or punishment.  Evidence of misconduct in 
other cases is not sufficient to warrant relief under this paragraph. 

   (b) For purposes of this section, "newly discovered evidence" is 
evidence that could not have been discovered with reasonable 
diligence prior to judgment. 
   (c) The procedure for bringing and adjudicating a motion under 
this section, including the burden of producing evidence and the 
burden of proof, shall be the same as for prosecuting a writ of 
habeas corpus. 
   (d) A motion pursuant to this section must be filed within one 
year of the later of the following: 
   (1) The date the moving party discovered, or could have discovered 
with the exercise of due diligence, additional evidence of the 
misconduct or fraud by a government official beyond the moving party' 
s personal knowledge. 
   (2) The effective date of this section. 

1474.  Application for the writ is made by petition, signed either 
by the party for whose relief it is intended, or by some person in 
his behalf, and must specify: 
   1. That the person in whose behalf the writ is applied for is 
imprisoned or restrained of his liberty, the officer or person by 
whom he is so confined or restrained, and the place where, naming all 
the parties, if they are known, or describing them, if they are not 
known; 
   2. If the imprisonment is alleged to be illegal, the petition must 
also state in what the alleged illegality consists; 
   3. The petition must be verified by the oath or affirmation of the 
party making the application. 

1475.   The writ of habeas corpus may be granted in the manner 
provided by law.  If the writ has been granted by any court or a 
judge thereof and after the hearing thereof the prisoner has been 
remanded, he shall not be discharged from custody by the same or any 
other court of like general jurisdiction, or by a judge of the same 
or any other court of like general jurisdiction, unless upon some 
ground not existing in fact at the issuing of the prior writ.  Should 
the prisoner desire to urge some point of law not raised in the 
petition for or at the hearing upon the return of the prior writ, 
then, in case such prior writ had been returned or returnable before 
a superior court or a judge thereof, no writ can be issued upon a 
second or other application except by the appropriate court of appeal 
or some judge thereof, or by the Supreme Court or some judge 
thereof, and in such an event such writ must not be made returnable 
before any superior court or any judge thereof.  In the event, 
however, that the prior writ was returned or made returnable before a 
court of appeal or any judge thereof, no writ can be issued upon a 
second or other application except by the Supreme Court or some judge 
thereof, and such writ must be made returnable before said Supreme 
Court or some judge thereof. 
   Every application for a writ of habeas corpus must be verified, 
and shall state whether any prior application or applications have 
been made for a writ in regard to the same detention or restraint 
complained of in the application, and if any such prior application 
or applications have been made the later application must contain a 
brief statement of all proceedings had therein, or in any of them, to 
and including the final order or orders made therein, or in any of 
them, on appeal or otherwise. 
   Whenever the person applying for a writ of habeas corpus is held 
in custody or restraint by any officer of any court of this state or 
any political subdivision thereof, or by any peace officer of this 
state, or any political subdivision thereof, a copy of the 
application for such writ must in all cases be served upon the 
district attorney of the county wherein such person is held in 
custody or restraint at least 24 hours before the time at which said 
writ is made returnable and no application for such writ can be heard 
without proof of such service in cases where such service is 
required. 
   If such person is in custody for violation of an ordinance of a 
city which has a city attorney, a copy of the application for the 
writ must also be served on the city attorney of the city whose 
ordinance is the basis for the charge at least 24 hours before the 
time at which the writ is made returnable, provided that failure to 
serve such city attorney shall not deprive the court of jurisdiction 
to hear the application. 

1476.  Any court or judge authorized to grant the writ, to whom a 
petition therefor is presented, must endorse upon the petition the 
hour and date of its presentation and the hour and date of the 
granting or denial of the writ, and must, if it appear that the writ 
ought to issue, grant the same without delay; and if the person by or 
upon whose behalf the application for the writ is made be detained 
upon a criminal charge, may admit him to bail, if the offense is 
bailable, pending the determination of the proceeding. 

1477.  The writ must be directed to the person having custody of or 
restraining the person on whose behalf the application is made, and 
must command him to have the body of such person before the Court or 
Judge before whom the writ is returnable, at a time and place therein 
specified. 

1478.  If the writ is directed to the sheriff or other ministerial 
officer of the court out of which it issues, it must be delivered by 
the clerk to such officer without delay, as other writs are delivered 
for service.  If it is directed to any other person, it must be 
delivered to the sheriff or a marshal, and be by him served upon such 
person by delivering the copy to him without delay, and make his 
return on the original to the court of issuance.  If the person to 
whom the writ is directed cannot be found, or refuses admittance to 
the officer or person serving or delivering such writ, it may be 
served or delivered by leaving it at the residence of the person to 
whom it is directed, or by affixing it to some conspicuous place on 
the outside either of his dwelling house or of the place where the 
party is confined or under restraint. 

1479.  If the person to whom the writ is directed refuses, after 
service, to obey the same, the Court or Judge, upon affidavit, must 
issue an attachment against such person, directed to the Sheriff or 
Coroner, commanding him forthwith to apprehend such person and bring 
him immediately before such Court or Judge; and upon being so 
brought, he must be committed to the jail of the county until he 
makes due return to such writ, or is otherwise legally discharged. 

1480.  The person upon whom the writ is served must state in his 
return, plainly and unequivocally: 
   1. Whether he has or has not the party in his custody, or under 
his power or restraint; 
   2. If he has the party in his custody or power, or under his 
restraint, he must state the authority and cause of such imprisonment 
or restraint; 
   3. If the party is detained by virtue of any writ, warrant, or 
other written authority, a copy thereof must be annexed to the 
return, and the original produced and exhibited to the Court or Judge 
on the hearing of such return; 
   4. If the person upon whom the writ is served had the party in his 
power or custody, or under his restraint, at any time prior or 
subsequent to the date of the writ of habeas corpus, but has 
transferred such custody or restraint to another, the return must 
state particularly to whom, at what time and place, for what cause, 
and by what authority such transfer took place; 
   5. The return must be signed by the person making the same, and, 
except when such person is a sworn public officer, and makes such 
return in his official capacity, it must be verified by his oath. 

1481.  The person to whom the writ is directed, if it is served, 
must bring the body of the party in his custody or under his 
restraint, according to the command of the writ, except in the cases 
specified in the next section. 

1482.  When, from sickness or infirmity of the person directed to be 
produced, he cannot, without danger, be brought before the Court or 
Judge, the person in whose custody or power he is may state that fact 
in his return to the writ, verifying the same by affidavit.  If the 
Court or Judge is satisfied of the truth of such return, and the 
return to the writ is otherwise sufficient, the Court or Judge may 
proceed to decide on such return, and to dispose of the matter as if 
such party had been produced on the writ, or the hearing thereof may 
be adjourned until such party can be produced. 

1483.  The Court or Judge before whom the writ is returned must, 
immediately after the return, proceed to hear and examine the return, 
and such other matters as may be properly submitted to their hearing 
and consideration. 

1484.  The party brought before the Court or Judge, on the return of 
the writ, may deny or controvert any of the material facts or 
matters set forth in the return, or except to the sufficiency 
thereof, or allege any fact to show either that his imprisonment or 
detention is unlawful, or that he is entitled to his discharge.  The 
Court or Judge must thereupon proceed in a summary way to hear such 
proof as may be produced against such imprisonment or detention, or 
in favor of the same, and to dispose of such party as the justice of 
the case may require, and have full power and authority to require 
and compel the attendance of witnesses, by process of subpoena and 
attachment, and to do and perform all other acts and things necessary 
to a full and fair hearing and determination of the case. 

1485.  If no legal cause is shown for such imprisonment or 
restraint, or for the continuation thereof, such Court or Judge must 
discharge such party from the custody or restraint under which he is 
held. 

1486.  The Court or Judge, if the time during which such party may 
be legally detained in custody has not expired, must remand such 
party, if it appears that he is detained in custody: 
   1. By virtue of process issued by any Court or Judge of the United 
States, in a case where such Court or Judge has exclusive 
jurisdiction; or, 
   2. By virtue of the final judgment or decree of any competent 
Court of criminal jurisdiction, or of any process issued upon such 
judgment or decree. 

1487.  If it appears on the return of the writ that the prisoner is 
in custody by virtue of process from any Court of this State, or 
Judge or officer thereof, such prisoner may be discharged in any of 
the following cases, subject to the restrictions of the last section: 

   1. When the jurisdiction of such Court or officer has been 
exceeded; 
   2. When the imprisonment was at first lawful, yet by some act, 
omission, or event which has taken place afterwards, the party has 
become entitled to a discharge; 
   3. When the process is defective in some matter of substance 
required by law, rendering such process void; 
   4. When the process, though proper in form, has been issued in a 
case not allowed by law; 
   5. When the person having the custody of the prisoner is not the 
person allowed by law to detain him; 
   6. Where the process is not authorized by any order, judgment, or 
decree of any Court, nor by any provision of law; 
   7. Where a party has been committed on a criminal charge without 
reasonable or probable cause. 

1488.  If any person is committed to prison, or is in custody of any 
officer on any criminal charge, by virtue of any warrant of 
commitment of a magistrate, such person must not be discharged on the 
ground of any mere defect of form in the warrant of commitment. 

1489.  If it appears to the Court or Judge, by affidavit or 
otherwise, or upon the inspection of the process or warrant of 
commitment, and such other papers in the proceedings as may be shown 
to the Court or Judge, that the party is guilty of a criminal 
offense, or ought not to be discharged, such Court or Judge, although 
the charge is defective or unsubstantially set forth in such process 
or warrant of commitment, must cause the complainant or other 
necessary witnesses to be subpoenaed to attend at such time as 
ordered, to testify before the Court or Judge; and upon the 
examination he may discharge such prisoner, let him to bail, if the 
offense be bailable, or recommit him to custody, as may be just and 
legal. 

1490.  When a person is imprisoned or detained in custody on any 
criminal charge, for want of bail, such person is entitled to a writ 
of habeas corpus for the purpose of giving bail, upon averring that 
fact in his petition, without alleging that he is illegally confined. 

1491.  Any judge before whom a person who has been committed upon a 
criminal charge may be brought on a writ of habeas corpus, if the 
same is bailable, may take an undertaking of bail from such person as 
in other cases, and file the same in the proper court.  Whenever a 
writ of habeas corpus is returned to a court for hearing and the 
petitioner is charged with an offense other than a crime of violence 
or committed with a deadly weapon or involving the forcible taking or 
destruction of the property of another, but the prisoner does not 
stand convicted of any offense, the amount of the bail must be set 
immediately if no bail has theretofore been fixed. 

1492.  If a party brought before the Court or Judge on the return of 
the writ is not entitled to his discharge, and is not bailed, where 
such bail is allowable, the Court or Judge must remand him to custody 
or place him under the restraint from which he was taken, if the 
person under whose custody or restraint he was is legally entitled 
thereto. 

1493.  In cases where any party is held under illegal restraint or 
custody, or any other person is entitled to the restraint or custody 
of such party, the Judge or Court may order such party to be 
committed to the restraint or custody of such person as is by law 
entitled thereto 
 

1494.  Until judgment is given on the return, the Court or Judge 
before whom any party may be brought on such writ may commit him to 
the custody of the Sheriff of the county, or place him in such care 
or under such custody as his age or circumstances may require. 
 

1495.  No writ of habeas corpus can be disobeyed for defect of form, 
if it sufficiently appear therefrom in whose custody or under whose 
restraint the party imprisoned or restrained is, the officer or 
person detaining him, and the Court or Judge before whom he is to be 
brought. 

1496.  No person who has been discharged by the order of the Court 
or Judge upon habeas corpus can be again imprisoned, restrained, or 
kept in custody for the same cause, except in the following cases: 
   1. If he has been discharged from custody on a criminal charge, 
and is afterwards committed for the same offense, by legal order or 
process; 
   2. If, after a discharge for defect of proof, or for any defect of 
the process, warrant, or commitment in a criminal case, the prisoner 
is again arrested on sufficient proof and committed by legal process 
for the same offense. 

1497.  When it appears to any court, or judge, authorized by law to 
issue the writ of habeas corpus, that any one is illegally held in 
custody, confinement, or restraint, and that there is reason to 
believe that the person will be carried out of the jurisdiction of 
the court or judge before whom the application is made, or will 
suffer some irreparable injury before compliance with the writ of 
habeas corpus can be enforced, the court or judge may cause a warrant 
to be issued, reciting the facts, and directed to any peace officer, 
commanding the peace officer to take the person held in custody, 
confinement, or restraint, and immediately bring him or her before 
the court or judge, to be dealt with according to law. 

1498.  The Court or Judge may also insert in such warrant a command 
for the apprehension of the person charged with such illegal 
detention and restraint. 

1499.  The officer to whom such warrant is delivered must execute it 
by bringing the person therein named before the Court or Judge who 
directed the issuing of such warrant. 

1500.  The person alleged to have such party under illegal 
confinement or restraint may make return to such warrant as in case 
of a writ of habeas corpus, and the same may be denied, and like 
allegations, proofs, and trial may thereupon be had as upon a return 
to a writ of habeas corpus. 

1501.  If such party is held under illegal restraint or custody, he 
must be discharged; and if not, he must be restored to the care or 
custody of the person entitled thereto. 

1502.  Any writ or process authorized by this Chapter may be issued 
and served on any day or at any time. 

1503.  All writs, warrants, process, and subpoenas authorized by the 
provisions of this Chapter must be issued by the Clerk of the Court, 
and, except subpoenas, must be sealed with the seal of such Court, 
and served and returned forthwith, unless the Court or Judge shall 
specify a particular time for any such return. 

1504.  All such writs and process, when made returnable before a 
Judge, must be returned before him at the county seat, and there 
heard and determined. 

1505.  If the officer or person to whom a writ of habeas corpus is 
directed, refuses obedience to the command thereof, he shall forfeit 
and pay to the person aggrieved a sum not exceeding ten thousand 
dollars ($10,000), to be recovered by action in any court of 
competent jurisdiction. 

1506.  An appeal may be taken to the court of appeal by the people 
from a final order of a superior court made upon the return of a writ 
of habeas corpus discharging a defendant or otherwise granting all 
or any part of the relief sought, in all criminal cases, excepting 
criminal cases where judgment of death has been rendered, and in such 
cases to the Supreme Court; and in all criminal cases where an 
application for a writ of habeas corpus has been heard and determined 
in a court of appeal, either the defendant or the people may apply 
for a hearing in the Supreme Court.  Such appeal shall be taken and 
such application for hearing in the Supreme Court shall be made in 
accordance with rules to be laid down by the Judicial Council.  If 
the people appeal from an order granting the discharge or release of 
the defendant, or petition for hearing in either the court of appeal 
or the Supreme Court, the defendant shall be admitted to bail or 
released on his own recognizance or any other conditions which the 
court deems just and reasonable, subject to the same limitations, 
terms, and conditions which are applicable to, or may be imposed 
upon, a defendant who is awaiting trial.  If the order grants relief 
other than a discharge or release from custody, the trial court or 
the court in which the appeal or petition for hearing is pending may, 
upon application by the people, in its discretion, and upon such 
conditions as it deems just stay the execution of the order pending 
final determination of the matter. 

1507.  Where an application for a writ of habeas corpus has been 
made by or on behalf of any person other than a defendant in a 
criminal case, an appeal may be taken to the court of appeal from a 
final order of a superior court granting all or any part of the 
relief sought; and where such application has been heard and 
determined in a court of appeal, either on an application filed in 
that court or on appeal from a superior court, and all or any part of 
the relief sought has been granted, an application may be made for a 
hearing in the Supreme Court.  Such appeal shall be taken and such 
application for hearing in the Supreme Court shall be made in 
accordance with rules to be laid down by the Judicial Council.  The 
court which made the order granting relief or the court in which the 
appeal or petition for hearing is pending may, in its discretion, and 
upon such conditions as it deems just stay the execution of the 
order pending final determination of the matter. 

1508.  (a) A writ of habeas corpus issued by the Supreme Court or a 
judge thereof may be made returnable before the issuing judge or his 
court, before any court of appeal or judge thereof, or before any 
superior court or judge thereof. 
   (b) A writ of habeas corpus issued by a court of appeal or a judge 
thereof may be made returnable before the issuing judge or his court 
or before any superior court or judge thereof located in that 
appellate district. 
   (c) A writ of habeas corpus issued by a superior court or a judge 
thereof may be made returnable before the issuing judge or his court. 
 


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