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Information On Writ Proceedings In Misdemeanor Infraction And Limited Civil Cases APP-150-INFO - California
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APP-150-INFO Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases For information about appeal procedures, see: · GENERAL INFORMATION 1 What does this information sheet cover? Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) Information on Appeal Procedures for Infractions (form CR-141-INFO) Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) This information sheet tells you about writ proceedings--proceedings in which a person is asking for a writ of mandate, prohibition, or review--in misdemeanor, infraction, and limited civil cases. Please read this information sheet before you fill out Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) (form APP-151). This information sheet does not cover everything you may need to know about writ proceedings. It is only meant to give you a general idea of the writ process. To learn more, you should read rules 8.9308.936 of the California Rules of Court, which set out the procedures for writ proceedings in the appellate division. You can get these rules at any courthouse or county law library or online at www.courtinfo.ca.gov /rules. This information sheet does NOT provide information about appeals or proceedings for writs of supersedeas or habeas corpus. · · · You can get these forms at any courthouse or county law library or online at www.courtinfo.ca.gov/forms. In this information sheet, we call the lower court the "trial court." 3 Are there different kinds of writs? Yes. There are three main kinds of writs: · For information about appeals, please see the box on the top of this page. For information about writs of habeas corpus, please see rules 4.5504.552 of the California Rules of Court and Petition for Writ of Habeas Corpus (form MC-275). For information about writs of supersedeas, please see rule 8.824 of the California Rules of Court. Writs of mandate (sometimes called "mandamus"), which are orders telling the trial court to do something. Writs of prohibition, which are orders telling the trial court not to do something. Writs of review (sometimes called "certiorari"), which are orders telling the trial court that the appellate division will review certain kinds of actions already taken by the trial court. · · · · You can get these rules and forms at any courthouse or county law library or online at www.courtinfo.ca.gov /rules for the rules or www.courtinfo.ca.gov/forms for the forms. 2 What is a writ? There are laws (statutes) that you should read concerning each type of writ: see California Code of Civil Procedure sections 10841097 about writs of mandate, sections 11021105 about writs of prohibition, and sections 10671077 about writs of review. You can get copies of these statutes at any county law library or online at www.leginfo.ca.gov/calaw.html. 4 A writ is an order from a higher court telling a lower court to do something the law says the lower court must do or not to do something the law says the lower court does not have the power to do. In writ proceedings in the appellate division, the lower court is the superior court that took the action or issued the order being challenged. Is a writ proceeding the same as an appeal? No. In an appeal, the appellate division must consider the parties' arguments and decide whether the trial court made the legal error claimed by the appealing party and whether the trial court's decision should be overturned ____________________________________________________________________________ Judicial Council of California, www.courts.ca.gov Rev. July 1, 2010, Optional Form California Rules of Court, rules 8.9308.936 Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases APP-150-INFO, Page 1 of 12 American LegalNet, Inc. www.FormsWorkFlow.com APP-150-INFO Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases o o o based on that error (this is called a "decision on the merits"). In a writ proceeding, the appellate division is not required to make a decision on the merits; even if the trial court made a legal error, the appellate division can decide not to consider that error now, but to wait and consider the error as part of any appeal from the final judgment. Most requests for writs are denied without a decision on the merits (this is called a "summary denial"). Because of this, appeals are the ordinary way that decisions made by a trial court are reviewed and writ proceedings are often called proceedings for "extraordinary" relief. Appeals and writ proceedings are also used to review different kinds of decisions by the trial court. Appeals can be used only to review a trial court's final judgment and a few kinds of orders. Most rulings made by a trial court before it issues its final judgment cannot be appealed right away; they can only be appealed after the trial court case is over, as part of an appeal of the final judgment. Unlike appeals, writ proceedings can be used to ask for review of certain kinds of important rulings made by a trial court before it issues its final judgment. 5 Refuses to act Has not done what the law says it must do Has acted in a way the law says it does not have the power to act · The trial court has performed or says it is going to perform a judicial function (like deciding a person's rights under law in a particular case) in a way that the court does not have the legal power to do. Is a writ proceeding a new trial? There must be no other adequate remedy: The trial court's error must also be something that can be fixed only with a writ. The person asking for the writ must show the appellate division that there is no adequate way to address the trial court's error other than with the writ (this is called having "no adequate remedy at law"). As mentioned above, appeals are the ordinary way that trial court decisions are reviewed. If the trial court's ruling can be appealed, the appellate division will generally consider an appeal to be good enough (an "adequate remedy") unless the person asking for the writ can show the appellate division that he or she will be harmed in a way that cannot be fixed by the appeal if the appellate division does not issue the writ (this is called "irreparable" injury or harm). Statutory writs: There are laws (statutes) that provide that certain kinds of rulings can or must be challenged using a writ proceeding. These are called "statutory writs." Here is a list of some of the most commo
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