CHAPTER 1. Of the Writ of Habeas Corpus [1473. - 1509.1.]
Chapter 1 enacted 1872.
§§ 1473–1509.1 · 44 sections
- § 1473 (a) A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the…
- § 1473.1 The Judicial Council shall promulgate standards for appointment of private counsel in superior court for claims filed pursuant to subdivision (e) of Section…
- § 1473.5 (a) A writ of habeas corpus also may be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its…
- § 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…
- § 1473.7 (a) A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons: (1) The conviction or…
- § 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.…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 1485.5 (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a…
- § 1485.55 (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 1509 (a) This section applies to any petition for writ of habeas corpus filed by a person in custody pursuant to a judgment of death. A writ of habeas corpus…
- § 1509.1 (a) Either party may appeal the decision of a superior court on an initial petition under Section 1509 to the court of appeal. An appeal shall be taken by…