What is the test for responding to a return in a habeas corpus case?
California, United States of America
The following excerpt is from In re Kocontes, 198 Cal.Rptr.3d 839, 244 Cal.App.4th 1229 (Cal. App. 2016):
In response to the return, the petitioner may file a traverse and like the return any facts not denied in the traverse are admitted as true. (See People v. Duvall (1995) 9 Cal.4th 464, 474479, 37 Cal.Rptr.2d 259, 886 P.2d 1252 [providing an exhaustive discussion of habeas corpus practice] (Duvall ).)
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