ADA
local probate rule 19

PROBATE RULE 19 PETITION FOR WRITE OF HABEAS CORPUS RE: QUARANTINE DETENTION

Whenever a Petition for Ex Parte Writ of Habeas Corpus Re: Quarantine Detention is brought, the Petitioner shall use the local form entitled "Petition for Writ of Habeas Corpus Re: Quarantine Detention " (Attachment PB-4052 ). The initial Petition shall be served on the County of Santa Clara, Office of the County Counsel. The Petition shall be filed in the Probate Clerk’s Office by one of the following methods: personal delivery, direct fax or email. If the Petition is filed by fax, it shall be in accordance with California Rules of Court, Rule 2.304 and faxed to (408) 882-2694 . If the Petition is filed by email, it shall be scanned, attached as a pdf file, and emailed to quarantinewrit@scscourt.org. Any response to a Petition for Writ must be filed within two court days from the date of service of the initial Petition.

The judicial officer reviewing the Ex Parte Writ and any filed response shall complete the local form “Order for Writ of Habeas Corpus Re: Quarantine Detention” (Attachment PB-4053 ). If the judicial officer grants the Petition for Writ and sets the matter for hearing, the Order shall direct the Clerk of the Court to issue said Writ indicating time and place for the court hearing. The hearing must be set no later than four calendar days from the Petition filing date. The Clerk of the Court shall use the local form “Writ of Habeas Corpus Re: Quarantine Detention” (Attachment PB-4054 ). The local form “Findings and Order After Hearing Re: Quarantine Detention (Attachment PB-4055 ) shall be completed and submitted to the Court for final disposition of the case after the hearing.

(Eff. 7/01/11)

 




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