Petitions for Original Proceedings (Writ Petitions) (CRC 8.490, 8.380, 8.384, 8.388, 8.494, 8.496)
What colors are required for covers?
All documents connected with an original proceeding must have red covers.
What are the filing procedures?
What are the service procedures?
Filing and service procedures:
| DOCUMENT |
FILING PROCEDURE |
SERVICE PROCEDURE |
petition
[Covers: red] |
original & 4 copies to Court of Appeal
60 days from issuance of order unless the statute you are proceeding under specifies a shorter time period |
1 copy on superior court
1 copy on each opposing party |
exhibits to a petition
[Covers: red] |
original to Court of Appeal
must be filed concurrently with petition. |
1 copy on each opposing party |
opposition to petition
[Covers: red] |
original & 4 copies to Court of Appeal |
1 copy on superior court
1 copy on each opposing party |
reply to opposition
[Covers: red] |
original & 4 copies to Court of Appeal |
1 copy on superior court
1 copy on each opposing party |
Does rule 8.204(c)(1) apply to writ petitions?
Yes, Cal. Rules of Court, rule 8.204(c)(1) does apply to petitions (Cal. Rules of Court, rule 8.490(a)). In fact, a petition must comply with rule 8.204 in its entirety. View all Rules of Court.
What is the filing fee?
A $655 filing fee is required on all writs except for criminal proceedings, juvenile matters, writs of supersedeas or Workers' Compensation Appeals Board (WCAB) writs of review. Make checks and money orders payable to: Clerk, Court of Appeal.
When will I receive a ruling?
The Court of Appeal is not bound by a time limit for ruling on a petition. Generally the court will take about a week to rule on a petition, but a longer period is not uncommon.
How can I file a writ under seal?
At the time of filing, the writ must be accompanied by either a motion for leave to file under seal or a superior court order sealing the record (Cal. Rules of Court, rule 8.160). View all Rules of Court.
What additional requirements exist?
Additional information on original proceeding petitions:
- Personal service is required for all stay requests. A petitioner who requests an immediate stay must explain in the petition the reasons for the urgency and set forth all relevant time constraints. In addition, the date of the requested stay must be stated on the front cover.
- Show proof of service on the clerk of the superior court and opposing counsel. The proof of service must indicate the party represented by each attorney served. Providing the State Bar number of each attorney on the proof of service may expedite the processing of your writ petition.
- A petition for an extraordinary writ that seeks review of a superior court ruling must be accompanied by the following: a copy of the order or judgment from which relief is sought; copies of all documents submitted to the superior court supporting and opposing petitioner's petition; and a transcript of the proceedings leading to the order or judgment in the superior court. Failure to provide an adequate record is ground for denial.
- Exhibits to the petition must be tabbed, consecutively paginated, and accompanied by a table of contents.
- All bound documents cannot exceed 300 pages per volume.
