7. What are the procedures for filing an original proceeding (writ)?

Special Procedures for Original Proceedings (Rules 8.112, 8.116, 8.380, 8.384, 8.452, 8.456, 8.490, 8.494, 8.496 and 8.498.)

• File an original plus four (4) copies of the petition or responsive pleading. Only an original is required of exhibits bound separately from the petition. Exhibits must contain a table of contents, be tabbed on the right hand side and consecutively paginated. One complete set of exhibits must also be served on each party. Rule 8.204(c) governs the length of the petition and points and authorities, but the tables, certificate, verification, and any supporting documents are excluded from the limits stated in rule 8.204(c)(3) and (d). (Rule 8.490(b)(6).)
• Each party must serve and file a Certificate of Interested Entities or Persons form at the time the party's first document is filed in the Court of Appeal. (Rules 8.490(i), 8.494(c), 8.496(c) and 8.498(d).)
• A filing fee of $655 must accompany the original proceeding except for criminal or juvenile proceedings, WCAB petitions or petitions for writ of supersedeas. If indigent, petitioner may submit a request for waiver of fees on the Judicial Council form which is available at the Court of Appeal. (Rules 3.50-3.63.)
• A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 15 days shall be personally served prior to filing with the Court of Appeal and shall be accompanied by a declaration establishing service or lack thereof. (Fourth Appellate District, Local Rule 1.)
• A request for a writ of supersedeas or temporary stay must include the words "STAY REQUESTED" on the cover along with the nature and date of the proceeding or act sought to be stayed. (Rule 8.116(a).) The trial court and department involved must be on the cover along with the name and telephone number of the judge whose order the request seeks to stay. (Rule 8.116(b).)
• There must be proof of service on the judge in the superior court from whose ruling the writ is taken and opposing counsel. The proof of service shall name each party represented by each attorney served. The cover of the petition must include the name of the judge from whose ruling the writ is taken.
• All petitions must be verified by petitioner or counsel, with the exception of a pro se habeas corpus petition.
• When requesting a stay, injunction, or other form of relief be issued within 15 days, the cover of the writ shall bear the conspicuous notation "IMMEDIATE RELIEF REQUESTED". (Fourth Appellate District, Local Rule 1.)
• The court may deny the petition without requesting opposition. If a response is desired and one has not yet been filed, the court will notify counsel by telephone. If an order to show cause has not yet issued, any response requested by the court is informal unless otherwise specified.