HC-001

Name:

Address:

CDC or ID Number:

Petitioner

Respondent

(Court)

No.

PETITION FOR WRIT OF HABEAS CORPUS

vs.

(To be supplied by the Clerk of the Court)

INSTRUCTIONS—READ CAREFULLY

If you are challenging an order of commitment or a criminal conviction and are filing this petition in the 
Superior Court, you should file it in the county that made the order.

If you are challenging the conditions of your confinement and are filing this petition in the Superior Court, 
you should file it in the county in which you are confined.

Read the entire form before answering any questions.

This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct. 
Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury.

Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your  
answer is ''continued on additional page."

If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies. Many 
courts require more copies.

If you are filing this petition in the Court of Appeal, file the original of the petition and one set of any supporting documents.

If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound,  
an original and 2 copies of any supporting documents.

Notify the Clerk of the Court in writing if you change your address after filing your petition.

• 

• 

• 

• 

• 

• 

• 

• 

• 

Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court (as amended effective 
January 1, 2018). Subsequent amendments to rule 8.380 may change the number of copies to be furnished to the Supreme Court 
and Court of Appeal.

Form Approved for Optional Use 
Judicial Council of California 
HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 1 of 6

Penal Code, § 1473 et seq.; 
Cal. Rules of Court, rule 8.380 
www.courts.ca.gov

Parole

Credits

Jail or prison conditions

Prison discipline

This petition concerns:

A conviction

A  sentence

Other (specify):

1.

Your name:

2.

Where are you incarcerated?

HC-001

3.

Why are you in custody?

Criminal conviction

Civil commitment

Answer items a through i to the best of your ability.

a.

State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery 
with use of a deadly weapon'').

b.

Penal or other code sections:

c.

Name and location of sentencing or committing court:

d.

Case number:

e.

Date convicted or committed:

f.

Date sentenced:

g.

Length of sentence:

h.

When do you expect to be released?

i.

Were you represented by counsel in the trial court?                                            If yes, state the attorney's name and address:

Yes

No

4.

What was the LAST plea you entered? (Check one):

Not guilty

Guilty

Nolo contendere

Other:

5.

If you pleaded not guilty, what kind of trial did you have?

Jury

Judge without a jury

Submitted on transcript

Awaiting trial

HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 2 of 6

6.

GROUNDS FOR RELIEF
Ground 1: State briefly the ground on which you base your claim for relief. For example, ''The trial court imposed an illegal 
enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4. For 
additional grounds, make copies of page 4 and number the additional grounds in order.)

HC-001

a.

Supporting facts:
Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on 
which your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For 
example, if you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or 
failed to do and how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re 
Swain (1949) 34 Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or 
place (where). 

b.

Supporting documents:
Attach declarations, relevant records, transcripts, or other documents supporting your claim. (See People v. Duvall (1995) 9 
Cal. 4th 464, 474.)

c.

Supporting cases, rules, or other authority (optional):
(Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If 
necessary, attach an extra page.)

HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 3 of 6

7.

Ground 2 or Ground

(if applicable):

HC-001

a.

Supporting facts:

b. Supporting documents:

c. Supporting cases, rules, or other authority:

HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 4 of 6

8.

Did you appeal from the conviction, sentence, or commitment?

Yes

No

If yes, give the following information:

a.

Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"):

HC-001

b.

Result:

c.

Date of decision:

d.

Case number or citation of opinion, if known:

e.

Issues raised:   

(1)

(2)

(3)

(2)

(3)

f.

Were you represented by counsel on appeal?                                           If yes, state the attorney's name and address, if known:

Yes

No

9.

Did you seek review in the California Supreme Court?

Yes

No

If yes, give the following information:

a.

Result:

b.

Date of decision:

c.

Case number or citation of opinion, if known:

d.

Issues raised:

(1)

10.

If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on 
appeal, explain why the claim was not made on appeal (see In re Dixon (1953) 41 Cal.2d 756, 759):

11.

Administrative review:
a.

If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust 
administrative remedies may result in the denial of your petition, even if it is otherwise meritorious. (See In re Dexter (1979) 25 
Cal.3d 921, 925.) Explain what administrative review you sought or explain why you did not seek such review:

b.

Did you seek the highest level of administrative review available?
Attach documents that show you have exhausted your administrative remedies. (See People v. Duvall (1995) 9 Cal.4th 464, 
474.)

Yes

No

12.

Other than direct appeal, have you filed any other petitions, applications, or motions with respect to this conviction, commitment, or 
issue in any court, including this court? (See In re Clark (1993) 5 Cal.4th 750, 767–769 and In re Miller (1941) 17 Cal.2d 734, 735.)

Yes    If yes, continue with number 13.

No     If no, skip to number 15.

HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 5 of 6

HC-001

13

a.

(1)

Name of court:

(3)

Issues raised: 

(a)

(2)

Nature of proceeding (for example, ''habeas corpus petition"):

(4)

Result (attach order or explain why unavailable):

(5)

Date of decision:

b.

(1)

Name of court:

(2)

Nature of proceeding:

(3)

Issues raised:

(a)

(b)

(b)

(4)

Result (attach order or explain why unavailable):

(5)

Date of decision:

c.

For additional prior petitions, applications, or motions, provide the same information on a separate page.

14.

If any of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearing, and result:

15.

Explain any delay in the discovery of the claimed grounds for relief and in raising the claims in this petition. (See In re Robbins 
(1998) 18 Cal.4th 770, 780.)

16.

No
Are you presently represented by counsel?                                                If yes, state the attorney's name and address, if known:

Yes

17.

Do you have any petition, appeal, or other matter pending in any court?                                                          If yes, explain:

Yes

No

18.

If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:

l, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under the laws of the State of California that 
the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief, and as 
to those matters, I believe them to be true.

Date:

HC-001 [Rev. January 1, 2019]

PETITION FOR WRIT OF HABEAS CORPUS

Page 6 of 6

(SIGNATURE OF PETITIONER)