APP-150-INFO Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases 2 GENERAL INFORMATION 1 What is a writ? What does this information sheet cover? This information sheet tells you about writ proceedings--proceedings in which a person is asking for a writ of mandate, prohibition, or review--in misdemeanor, infraction, and limited civil cases, and in certain small claims cases. Please read this information sheet before you fill out Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) (form APP-151). This information sheet does not cover everything you may need to know about writ proceedings. It is only meant to give you a general idea of the writ process. To learn more, you should read rules 8.930­8.936 of the California Rules of Court, which set out the procedures for writ proceedings in the appellate division. You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. This information sheet does NOT provide information about appeals or proceedings for writs of supersedeas or habeas corpus, or for writs in certain small claims cases. A writ is an order from a higher court telling a lower court to do something the law says the lower court must do or not to do something the law says the lower court does not have the power to do. In writ proceedings in the appellate division, the lower court is the superior court that took the action or issued the order being challenged. For information about appeal procedures, see: Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) Information on Appeal Procedures for Infractions (form CR-141-INFO) Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) You can get these forms at any courthouse or county law library or online at www.courts.ca.gov/forms. For information about appeals, please see the box on the right side of this page. For information about writs of habeas corpus, please see rules 4.550­4.552 of the California Rules of Court and Petition for Writ of Habeas Corpus (form MC-275). For information about writs of supersedeas, please see rule 8.824 of the California Rules of Court. This information sheet applies to writs relating to postjudgment enforcement actions of the small claims division. For information about writs relating to other actions by the small claims division, see rules 8.930­8.936 of the California Rules of Court and Petition for Writ (Small Claims) (form SC-300). For information about writs relating to actions of the superior court on small claims appeals, see rules 8.485­8.493 of the California Rules of Court. In this information sheet, we call the lower court the "trial court." 3 Are there different kinds of writs? Yes. There are three main kinds of writs: Writs of mandate (sometimes called "mandamus"), which are orders telling the trial court to do something. Writs of prohibition, which are orders telling the trial court not to do something. Writs of review (sometimes called "certiorari"), which are orders telling the trial court that the appellate division will review certain kinds of actions already taken by the trial court. You can get these rules and forms at any courthouse or county law library or online at www.courts.ca.gov/rules for the rules or www.courts.ca.gov/forms for the forms. ____________________________________________________________________________ . Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form California Rules of Court, rules 8.930­8.936 There are laws (statutes) that you should read concerning each type of writ: see California Code of Civil Procedure sections 1084­1097 about writs of mandate, sections 1102­1105 about writs of prohibition, and sections 1067­1077 about writs of review. You can get copies of these statutes at any county law library or online at leginfo.legislature.ca.gov/faces/codes.xhtml. APP-150-INFO, Page 1 of 12 Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases American LegalNet, Inc. www.FormsWorkFlow.com APP-150-INFO 4 Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases 6 Is a writ proceeding the same as an appeal? Can a writ be used to address any errors made by a trial court? No. In an appeal, the appellate division must consider the parties' arguments and decide whether the trial court made the legal error claimed by the appealing party and whether the trial court's decision should be overturned based on that error (this is called a "decision on the merits"). In a writ proceeding, the appellate division is not required to make a decision on the merits; even if the trial court made a legal error, the appellate division can decide not to consider that error now, but to wait and consider the error as part of any appeal from the final judgment. Most requests for writs are denied without a decision on the merits (this is called a "summary denial"). Because of this, appeals are the ordinary way that decisions made by a trial court are reviewed and writ proceedings are often called proceedings for "extraordinary" relief. Appeals and writ proceedings are also used to review different kinds of decisions by the trial court. Appeals can be used only to review a trial court's final judgment and a few kinds of orders. Most rulings made by a trial court before it issues its final judgment cannot be appealed right away; they can only be appealed after the trial court case is over, as part of an appeal of the final judgment. Unlike appeals, writ proceedings can be used to ask for review of certain kinds of important rulings made by a trial court before it issues its final judgment. No. Writs can only address certain legal errors. Writs can only address the following types of legal errors made by a trial court: The trial court has a legal duty to act but: o Refuses to act o Has not done what the law says it must do o Has acted in a way the law says it does not have the power to act The trial court has performed or says it is going to perform a judicial function (like deciding a person's rights under law in a particular case) in a way that the court does not have the legal power to do. 5 Is a writ proceeding a new trial? There must be no other adequate remedy. The trial court's error must also be something that can be fixed only with a writ. The person asking for the writ must show the appellate division that there is no adequate way to address the trial court