California Writ Petitions

Writ Proceedings Are Different From Appeals

An ordinary appeal generally follows an appealable judgment or order. A writ petition asks a reviewing court to exercise its original jurisdiction and intervene in proceedings that are still underway or otherwise require more immediate review.

Writ relief is extraordinary and generally discretionary. The fact that a trial court may have issued an important or arguably erroneous ruling does not necessarily mean that the Court of Appeal will consider the issue immediately by writ.

A writ petition therefore requires consideration not only of the legal issue itself, but also of why appellate intervention is appropriate at that particular stage of the case.

When Writ Review May Be Considered

Writ proceedings can arise when a significant trial-court ruling is not immediately appealable and waiting until the conclusion of the case may not provide an adequate remedy.

Depending on the circumstances, writ review may be considered in connection with rulings that have substantial consequences for the litigation, present significant questions of law, or may cause harm that cannot effectively be corrected through a later appeal.

The availability and appropriateness of writ relief depends heavily on the particular ruling, procedural posture, governing law, and practical consequences of waiting for ordinary appellate review.

Appellate Strategy Before Judgment

Timing Can Be Critical

A potential writ matter should generally be evaluated promptly.

Unlike an ordinary appeal from a judgment, extraordinary writ proceedings can arise while the underlying case is continuing in the trial court. Hearings, discovery, trial dates, enforcement proceedings, or other events may continue to occur while appellate relief is being considered.

Certain types of writ proceedings also have specific statutory or procedural deadlines.

Where immediate relief is sought, the timing can become particularly important. A request that the Court of Appeal stay an impending trial-court proceeding or ruling must explain the urgency and comply with specific procedural requirements.

For that reason, a party considering writ relief should not assume that the time available to act is the same as the time ordinarily available to file an appeal.

The Writ Record

The record is particularly important in writ proceedings.

A writ petition seeking review of a trial-court ruling generally must provide the reviewing court with the materials necessary to understand both the dispute and the ruling being challenged.

Depending on the matter, this may include the challenged ruling, motions and oppositions, supporting evidence, exhibits, relevant pleadings, and a transcript or other appropriate account of the proceedings that produced the ruling.

The California Rules of Court require an adequate supporting record when a writ petition seeks review of trial-court proceedings. A deficient record can prevent the reviewing court from meaningfully evaluating the requested relief.

Because writ proceedings often move more quickly than ordinary appeals, identifying and assembling the necessary materials can be an important part of the initial writ analysis.

Preparing the Appellate Record in California

Emergency Writs and Requests for a Stay

Some writ matters involve a request for immediate temporary relief while the Court of Appeal considers the petition.

For example, a petitioner may seek to prevent a trial-court proceeding or other action from occurring before the reviewing court has an opportunity to consider the issues raised in the writ petition.

California appellate rules impose additional requirements when temporary stay relief is requested. The petition must identify the relief being sought, explain the urgency, and provide information concerning the trial-court proceeding or action the petitioner seeks to stay.

Each appellate district also publishes its own practices concerning writ petitions and emergency stay requests, and those practices differ from district to district.

The existence of an emergency does not itself establish a basis for writ relief. Both the substantive grounds for appellate intervention and the procedural requirements for obtaining immediate relief must be considered.

California Appeals Before the Courts of Appeal

Writ Review Is Discretionary

One of the important differences between an appeal and an extraordinary writ proceeding is that filing a writ petition generally does not create the same entitlement to appellate consideration that follows from a properly perfected appeal.

The Court of Appeal may deny a writ petition without issuing an alternative writ or order to show cause and without deciding the underlying legal issue in a written opinion.

Accordingly, writ strategy involves more than demonstrating that the trial court may have erred. The petition should also address why the circumstances warrant extraordinary appellate intervention rather than review through the ordinary appellate process.

Preservation and Trial-Court Proceedings

A writ proceeding does not eliminate the importance of what occurred in the trial court.

The arguments presented below, evidence submitted, objections made, relief requested, and basis for the trial court's ruling may all affect the reviewing court's ability to consider the issue.

Where a significant ruling is anticipated, appellate consultation before or immediately after that ruling may help identify potential preservation, record, and writ issues while the underlying litigation remains active.

Appellate Strategy Before Judgment

Writ Petitions From California Superior Courts

A writ petition seeking review of a superior court ruling is presented to the Court of Appeal for the district that serves the county in which the case is pending; in multi-division districts, related appellate or writ proceedings may also affect division assignment.

Every district publishes its own practices and procedures concerning writ petitions and emergency requests in addition to the requirements contained in the California Rules of Court, and the Supreme Court of California exercises original writ jurisdiction as well.

This site separately maps the six districts and the counties each serves.

• Appeals From California Superior Courts
• California Appeals Before the Courts of Appeal

• California Rules of Court — Writ PetitionsJudicial Council of California courts.ca.gov

Evaluating Whether Writ Relief Is Appropriate

A writ evaluation may include consideration of:

• The ruling or action for which review is sought
• Whether ordinary appellate review is available
• Whether waiting for an appeal would provide an adequate remedy
• The importance and nature of the legal issue
• The procedural posture of the underlying case
• Preservation of the issue in the trial court
• The completeness of the supporting record
• Applicable deadlines
• Whether immediate temporary relief is necessary
• The practical consequences of seeking or not seeking writ review

Because writ jurisdiction is extraordinary and discretionary, the decision to pursue a petition should generally be based upon the specific procedural and substantive circumstances of the matter rather than simply the importance of the ruling to the parties.