When do I file a writ and what kind should I choose?
A writ is similar to an appeal in that it is a directive from a higher court to a lower court to do something – or not do something.
While appeals are a matter of right, writs are a matter of equity, are granted on a discretionary and extraordinary basis. In fact, appellate courts usually won’t grant a writ request unless the party requesting relief has no other adequate remedy and will suffer irreparable harm if writ relief is not ordered. Determining whether there is alternative relief available is often a matter of determining if the judgment or order is appealable. For that, check Code of Civil Procedure section 904.1 as well as applicable case law.
Here are some writ titles to consider:
Writ of Mandate: This type of writ is appropriate where one seeks an order for a lower court or administrative agent or agency of government to perform a specific act.
Writ of Prohibition: This type of writ is appropriate where one seeks an order directing any official body not to do something the appellate court deems illegal.
Writ of Supersedeas: This type of writ is appropriate where one seeks an order staying (halting from taking effect) an order or judgment – perhaps while an appeal or writ of undertaken.
Writ of Review: This type of writ is appropriate where one seeks an order for review of a lower court’s decision where one alleges that the court exceeded its jurisdiction by performing judicial functions illegally or contrary to proper procedure. A writ of certiorari is a type of writ of review.
Writ of Habeas Corpus: This type of writ is appropriate where one seeks an order for an entity holding a prisoner to justify the lawfulness of the detention.
Writs are a technical pursuit best conducted by or under the supervision of a licensed attorney.
