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California Writs
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Introduction

 

What is a writ?

A writ in Old English means a letter, often written by an attorney. Also a formal document written by a judge or official requiring specific action. by the person or entity to whom the writ is directed. However, in most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court.  Many states have two levels of appellate courts -- an intermediate appellate court and the state Supreme Court.

When a Writ is Permitted.

A writ is only permitted when the defendant has no other adequate remedy, such as an appeal. For example, a defendant is only allowed to lodge one appeal. If the appeal is unsuccessful, the defendant may file a writ as long as it does not simply mimic the unsuccessful appeal because a defendant can file multiple writs. If the writ simply mimics the unsuccessful appeal, it will immediately be dismissed. Examples of writs include: writ of mandamus, writ of prohibition, writ of habeas corpus, writ of error, and writ of Certiorari. There are other circumstances under which a writ may be the best option for a defendant. Criminal attorney regularly file writs petitions to obtain release of criminal defendants from custody.

Writs and appeals are filed in the State and Federal Courts for criminal and civil cases, including complex capital litigation.

Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel. 
What is a writ ?-Nolo 
 

Introduction Table of Contents
Introduction  What is a writ?   
Introduction What is An Appeal ?    
Introduction Difference between a writ and an appeal?
California Writs eBook Master Table of Contents