Get App-151 Petition For Writ (misdemeanor, Infraction, Or Limited Civil ...

A “writ” is an order from a higher court ordering a lower court to do something. Writs provide a process for review by the appellate courts of trial court rulings that are not immediately appealable. It is a short-cut to getting your case considered by the higher court.

Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals.

The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

For example, a writ of mandamus might be filed in a case where a judge has a personal connection to a case or its participants but refuses to remove themself from the case. The mandamus would be asking the higher court to compel the lower court judge to appoint another judge to the case.

A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.

Writs other than those prescribed by statute are called “common law writs.” There is no set time limit for filing a petition for a common law writ. Instead, general principles Page 3 3 of laches apply, and 60 days is the rule of thumb.

(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to ...

There are three main types of writs: writs of mandate (sometimes called “mandamus”), writs of prohibition, and writs of review (sometimes called “certiorari”).