Appellate Success In California

Jul 12, 2017 Alana H. Rotter
Writ Petition Deadlines

After suffering an adverse trial court ruling that isn’t immediately appealable, litigators often wonder whether they should seek discretionary review in the Court of Appeal via a writ petition.  The answer is case-specific because it depends on many factors.  But there is one overarching theme to remember:  A decision to seek writ review must be made quickly, because the deadlines are short.

  • Some types of orders have statutory deadlines for seeking writ review – usually just 10-20 days from notice of entry of the order.
  • The deadline is 20 days for a type of order that often provokes litigants to consider writ review:  a grant or denial of summary adjudication.
  • Absent an applicable statutory deadline, writ petitions should be filed within 60 days after the challenged ruling.

►  The practical message:  Deciding whether to file a writ petition requires careful analysis.  But begin that analysis promptly so that if you do decide to proceed, there will be time to draft the petition within the short deadlines.