7) Original Proceedings (Writs)

The procedural requirements for writ petitions vary depending on the type of petition. Refer to the following Rules of Court:

rule 8.452 (dependency writs)

rule 8.112 (supersedeas),

rules 8.116 and 8.490-8.498 and 8.380 (all other writs)

These rules are found under the Rules tab at the top of this page, in Title Eight, the Appellate Rules section. Additional information about original proceedings may be found under the Practices and Procedures tab on the left side of this page, sections 25-30.

The divisions of the First Appellate District may summarily deny any petition failing to comply with applicable statutes, case law and rules of court.

No filing fee is required for petitions arising out of criminal or juvenile proceedings, for WCAB petitions, or for petitions for writ of supersedeas.

The Clerk will file any petition presented for filing unless counsel's state bar number is missing or the required filing fee ($655) is missing and a request for waiver of the fee has not been filed.

An indigent petitioner may submit a request for waiver of fees on Judicial Council form number 982(a)(17), which is available in the Clerk's Office of the Court of Appeal or on this website, under the Forms tab at the top of this page, where you will find it in the General Legal Forms group.

Out of state counsel should comply with rule 9.40, found under the Rules tab at the top of this page, in Title Three, Miscellaneous Rules.

The court will retain an original plus four (4) copies of all filings in writ cases and one original of the exhibits. These filings should comply with rule 8.490.

Any stay request should be noted prominently on the petition's cover (rule 8.116).

After a petition has been filed and assigned to a division, parties should contact the division's deputy clerks directly for information about the case. The phone numbers for the divisions are:

Div. One: (415) 865-7290 & 7291

Div. Two: (415) 865-7292 & 7293

Div. Three: (415) 865-7294 & 7295

Div. Four: (415) 865-7296 & 7297

Div. Five: (415) 865-7298 & 7299