Writs

Our backgrounds uniquely suit us to evaluating a writ’s likelihood of success and to prosecuting the writ when the decision is made to proceed.

What is a writ?

A writ is an order issued by a higher court directing a lower court to take, or refrain from taking, a specific action. Unlike a typical appeal, which reviews the merits of a case, writs are used to obtain early review of rulings before an appeal is ripe.

The writ process

Assessing the deed for a writ

We evaluate if your situation qualifies for this extraordinary remedy.

Filing the petition

We prepare a compelling petition outlining the legal errors or misconduct.

The decision

The court reviews the petition, and if granted, issues a writ directing the lower court to act or refrain from acting.

When should you consider a writ?

Writs are typically sought when a trial court has made a significant legal error and waiting for a final judgment to appeal would cause immediate, irreparable harm. Common situations where a writ may be appropriate include discovery disputes where privileged information is at risk of being disclosed, rulings that would fundamentally alter the character of the case before trial, denial of a motion to compel arbitration, and disqualification of counsel.

Timing is critical. Writ petitions must generally be filed within days or weeks of the challenged ruling. Missing the deadline can permanently foreclose the right to seek early appellate review.

Common types of writs

Writ of mandate

A writ of mandate directs a lower court to perform a specific act or to undo an improper ruling.

Writ of prohibition

A writ of prohibition prevents a lower court from taking an action it lacks jurisdiction to take

Writ of supersedeas

A writ of supersedeas can stay a lower court's order while appellate review is sought.

Writs require specialized counsel

Appellate courts receive far more writ petitions than they grant. To have any chance of success, a petition must quickly and persuasively explain why the situation is extraordinary enough to warrant immediate intervention and why waiting for a final judgment and ordinary appeal is not an adequate remedy.

Our team's experience as former federal judicial law clerks gives us a unique understanding of how appellate courts evaluate writ petitions and what it takes to persuade them to act. We know how to frame the issue, marshal the record, and present the argument in the compressed timeframe that writs demand.