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Introduction

 

WRITS-California Court of Appeal -5th District 
 

Unlike appeals, which can be taken only from certain types of decisions designated by statute or case law, writ petitions can theoretically be taken from any order or decision. These petitions are assigned immediately to legal staff and requests for emergency relief are given prompt attention.

The term "writs" is used to include all of the traditional writs (mandamus, prohibition, certiorari, supersedeas, habeas corpus, coram vobis and coram nobis) and also writs of review (petitions in Workers’ Compensation Appeals Board cases, Agricultural Labor Relations Board matters, Public Employment Relations Board, Alcoholic Beverage Control Board proceedings, and, after July 1998, Public Utilities Commission cases).

Writ petitions are not considered within the definition of "causes," and the constitutional mandate requiring a written opinion does not apply to summary denials. A petition may be denied without further briefing or argument. The court has two writ panels of three justices each, the membership of which is rotated among all the justices from month to month. Writ conferences are held on a weekly basis. When the court decides that the petition may have merit, the case is normally scheduled for oral argument and a written opinion is prepared. A remittitur is not issued when an original petition is summarily denied. A remittitur is issued in any original proceeding in which an alternative writ or order to show cause has been issued, addressed to a lower court or board, or when the court decides on its merits the validity of a decision of a lower court or board, without issuance of an order to show cause or alternative writ.     

http://www.courtinfo.ca.gov/courts/courtsofappeal/5thDistrict/about.htm

Introduction Table of Contents
Introduction  What is a writ?   
Introduction What is An Appeal ?    
California Writs-California Courts of Appeal-5th District      
California Writs eBook Master Table of Contents