Appellate Insights

Unless the deadline is set by statute, writ relief can usually be sought within 60 days of the trial court’s order.  But sometimes the order itself or other circumstances impose a much shorter, real-world deadline to obtain writ relief.  For example, as a practical matter, an order requiring production of privileged information or impacting a fast-approaching trial may require relief sooner than the 60-day writ deadline.  Hastily drafting a writ petition means sacrificing quality.  And demanding very quick action by the appellate court lessens your chances of success.  There is usually a better way:

• If the trial court is inclined to rule against you, respectfully explain that you will be filing a writ petition and ask the judge to stay the forthcoming order to make that process less urgent.

• The writ petition’s caption page and substance should precisely flag and justify the need for a temporary stay pending the Court of Appeal’s consideration of the merits.

• There are instances when a stay is truly needed immediately to avoid irremediable harm to your client.  Avoid this whenever possible.  But when truly needed, call the Court of Appeal clerk to give advance notice of your impending filing so that the Court can ready itself.

►  The practical message:  Writ petitions rarely succeed and your chances only decrease when you sacrifice quality for speed or demand rushed appellate consideration.  Avail yourself of opportunities to buy more time.