What is the timeline for my writ?
While common law writs typically carry a 60 day filing limit from the date the judgment was entered, upon explanation of further delay and absence of prejudice to the opposing party, the filing deadline way be excused. There are some circumstances where an appellate court may find your writ untimely even within the 60 day period – for instance, if the order appealed was entered some time ago, yet you have strategically chosen to wait until the day before trial to seek a writ and also to stay the order.
However there are also statutory writs in California – that is, legislative statutes specifying certain types of ruling which may be reviewed by writ. Statutory writs may have deadlines specified by the applicable statute, and where no statutory timeline exists, the equitable principle of laches still applies.
Examples of statutory writs include:
Civil Cases
- CCP 170.3(d) – Denial of motion to disqualify a judge
- CCO 418.10(c) – Denial of a motion to quash service of process
- CCP 473(c) – Summary adjudication of issues or denial of summary judgment
- CCP 404.6 – Coordination motion
- CCP 405.39 – Motion to expunge lis pendons
- CCP 877.6(e) – Good faith settlement determination
- CCP 400 – Motion for change of venue
Criminal Cases
- CCP 170.3(d) – Denial of motion to disqualify a judge
- PC 995, 999(a) – Order denying motion to dismiss
- PC 1538.5(i) – Order denying motion to suppress
- CCP 170.3(d) – Denial of motion to disqualify a judge
- CCO 418.10(c) – Denial of a motion to quash service of process
- CCP 473(c) – Summary adjudication of issues or denial of summary judgment
- CCP 404.6 – Coordination motion
- CCP 405.39 – Motion to expunge lis pendons
- CCP 877.6(e) – Good faith settlement determination
- CCP 400 – Motion for change of venue
Criminal Cases
- CCP 170.3(d) – Denial of motion to disqualify a judge
- PC 995, 999(a) – Order denying motion to dismiss
- PC 1538.5(i) – Order denying motion to suppress