Criminal

HC-001: Habeas Corpus Petition

Current as of August 1, 2026 · tracked for revisionsFillable PDFJudicial Council of California

A person uses this form to challenge their illegal detention or imprisonment and ask the court to release them. It's a fundamental legal tool to protect personal freedom.

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Forms that go with HC-001

CR-187AttachmentMotion to Vacate Conviction or SentenceThe Declaration of Counsel Concerning Petitioner's Competence (CR-187) is often attached to support claims related to the petitioner's mental competency as part of the habeas proceedings.›MC-030Often filed with itDeclarationA general Declaration form (MC-030) is routinely filed alongside the petition to allow the petitioner or supporting witnesses to submit sworn factual statements supporting the claims.›HC-002Next stepPetition for Writ of Habeas Corpus—LPS Act (Mental Health)The Return to Petition (HC-002) is filed by the respondent (e.g., warden or custodian) to formally respond to the allegations raised in the Habeas Corpus Petition.›HC-003Next stepPetition for Writ Of Habeas Corpus—Penal Commitment (Mental Health)The Traverse or Denial of Return (HC-003) allows the petitioner to reply to the respondent's return and contest the facts or legal arguments presented.›

More Criminal forms

HC-004Notice and Request for Ruling›HC-100Declaration of Counsel Re Minimum Qualifications for Appointment in Death Penalty-Related Habeas Corpus Proceedings›HC-101Order Appointing Counsel in Death Penalty-Related Habeas Corpus Proceedings›HC-200Petitioner's Notice of Appeal-Death Penalty-Related Habeas Corpus Decision›
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