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 MISCELLANEOUS APPEALS: CONSERVATORSHIP, STERILIZATION, GRANT OF HABEAS CORPUS
 

Highlights of Rule Changes Effective
January 1, 2005

LPS conservatorship
New rule 39

No substantive changes from former rule 39.4. Governs appeals from proceedings under Welfare and Institutions Code section 5350 et seq.

Sterilization authorization
New rule 39.1

General: Former rule 39.8.

Change in description of rule’s applicability (39.1(a)) and designation of when automatic appeal is taken (39.1(b)): Rule has been conformed to the controlling statute, Probate Code section 1962, subdivision (b).

Addition to list of who may view confidential reports: Appellate projects may inspect. (39.1(g)(1).)

Reduction of trial counsel’s duties: Most duties on preparation of record are deleted. Trial counsel must continue until appellate counsel is appointed. (39.1(h).)

Grant of habeas corpus
New rule 39.2

General: Former rule 50(a). Applies to appeals by People under Penal Code section 1506 or 1507 from grant of habeas corpus.

Additions to normal record: The traverse, order to show cause, court minutes, and any written opinion of the court must be included. (39.2(b)(1)-(3), (6).)


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