(a) Proper court to hear petition
Except as stated in (b), the petition should be heard and resolved in the court in which it is filed.
(Subd (a) amended effective January 1, 2012; previously amended effective January 1, 2006, and January 1, 2007.)
(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.
(C) If the petition challenges the denial of parole or the petitioner's suitability for parole and is filed in a superior court other than the court that rendered the underlying judgment, the court in which the petition is filed should transfer the petition to the superior court in which the underlying judgment was rendered.
(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.
(Subd (b) amended effective January 1, 2012; previously amended effective January 1, 2006.)
(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.
(Subd (c) relettered effective January 1, 2012; adopted as subd (c) effective January 1, 2002; previously relettered as subd. (d) effective January 1, 2006.)
Rule 4.552 amended effective January 1, 2012; adopted effective January 1, 2002; previously amended effective January 1, 2006, and January 1, 2007.
Advisory Committee Comment
Subdivision (b)(2)(C). This subdivision is based on the California Supreme Court decision in In re Roberts (2005) 36 Cal.4th 575, which provides that petitions for writ of habeas corpus challenging denial or suitability for parole should first be adjudicated in the trial court that rendered the underlying judgment.