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What happens when a writ is denied?

If the Court of Appeal denies the writ petition, counsel may seek relief in the California Supreme Court. However, following a summary denial of the writ petition in the Court of Appeal, the petitioner has only ten (10) days in which to seek such relief. (Cal. Rules of Court, rules 8.490(b)(1)(A), 8.500(e)(1).)

What are 3 types of writs?

There are three main types of writs: writs of mandate (sometimes called mandamus), writs of prohibition, and writs of review (sometimes called certiorari).

What is an alternative writ?

The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so.

What does a writ of mandate do?

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

What is a peremptory writ of mandate issue?

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

alternative of mandamus

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What is the difference between a mandate and a mandamus?

Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a plain, speedy, and adequate remedy as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.

What is the difference between a writ and an appeal?

The Difference between Writs and Appeals Appeals are not made to a higher court until the decision of the lower court is finalized. In other words after the judgment is made and a final verdict is recorded. Writs, on the other hand do not require a final decision.

Does a writ stay proceedings?

If a writ of mandate or order to show cause is issued, superior court proceedings are not automatically stayed. A stay must be issued by the reviewing court. (Cal. Rules of Court, rule 8.486(a)(7).)

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