Appellate Insights

It is easy to be lulled into a sense of security about the timing of writ petitions.  Generally, writ relief can be sought as long as you do not unreasonably delay, which typically means you should file within 60 days.  But when writ relief is specifically authorized by statute, the statute usually imposes a far shorter—often jurisdictional—deadline.

• Failure to timely bring the statutory writ petition often waives the right to challenge the issue in an appeal from the final judgment.

• Unlike a notice of appeal deadline, a writ petition’s deadline is tough to meet because you must fully brief the issues in your writ petition.

• Examples of statutory writs include orders concerning judicial disqualification, personal jurisdiction, change of venue, expungement of lis pendens, and summary adjudication, which all have 10- to 20-day deadlines.

 The practical message:  When you receive an adverse ruling, immediately check whether a statutory writ deadline applies.  Consider gearing up for a possible writ petition even before the court enters its order.