Does a petition for writ of habeas corpus need to be served prior to filing?

California, United States of America


The following excerpt is from Clark, In re, 21 Cal.Rptr.2d 509, 5 Cal.4th 750, 855 P.2d 729 (Cal. 1993):

36 Not only is there no requirement that a petition for writ of habeas corpus challenging the validity of a judgment of conviction be served prior to filing (see 1474, 1478), but the burden on respondents to reply to the several thousand delayed and successive petitions filed each year in this court, the courts of appeal, and the superior courts would be intolerable. (See Palma v. U.S. Industrial Fasteners (1984) 36 Cal.3d 171, 179-180, 203 Cal.Rptr. 626, 681 P.2d 893.)

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