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4-3. How do I file a writ?

A. Number of Copies. File an original plus four (4) copies of the petition or responsive pleading. Use a red cover.

B. Filing Fees. 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 that is available at the Court of Appeal. Petitioners (such as governmental entities) who claim to be exempt from fees should so indicate on the writ cover [for example, "Exempt from Fees-Govt. Code § 6103."]

C. Stay Requests

  1. Emergency Stay Requests.
    1. A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 15 days must be personally served prior to filing with the Court of Appeal and shall be accompanied by a declaration establishing service or lack thereof.

    2. The cover must state "IMMEDIATE RELIEF REQUESTED." (4th Dist., Local Rule 1.)

    3. The cover must include the name and telephone number of the trial judge whose order the requests seeks to stay. (Rule 8.116(b).)

    4. It may be useful to give the clerk's office advance telephone notice (714-558-6777) of your intent to file a writ petition later in the day. This is particularly true if your petition may be filed shortly before the filing window is due to close, or in close proximity to a weekend or holiday. Be sure that you have personally served the petition, and adequately explained the urgency of the writ petition.

  2. Other Stay Requests. For other temporary stay requests, the document's cover must prominently display the notice "STAY REQUESTED", and identify the nature and date of the proceeding sought to be stayed. (Rule 8.116(a).)

    3. D. Time Limits. File the petition as soon as you can. The petition is deemed filed when the documents are received by the clerk's office. The special rules for overnight delivery of briefs do not apply to writs. (Rule 8.25(b)(4).)

    1. Statutory writs. There may be very short time limits for certain statutory writs, such as:
      1. a writ from an order denying summary judgment (Code Civ. Proc., § 437c(m)(1)),

      2. a writ from an order granting or denying a motion to expunge a lis pendens (Code Civ. Proc., § 405.99),

      3. a writ from an order denying a motion to quash service (Code Civ. Proc., § 418.10(c)),

      4. a writ from an order granting or denying a motion for change of venue (Code Civ. Proc., § 400),

      5. a writ from a good faith settlement order (Code Civ. Proc., § 877.6), and

      6. a ruling on a motion to disqualify a judge or on a peremptory challenge (Code Civ. Proc., § 170.3(d).).

      This list is illustrative only, and does not list all types of statutory writs.

    2. Nonstatutory Writs - The 60-day "guideline". Nonstatutory writs are governed by equitable principles, which means that you should not unreasonably delay filing the petition to the prejudice of the court or the other parties. A 60-day period is often used as an outside guideline for filing of writs, but this is a guideline only, and the court has discretion to deny writs that are filed within the 60-day period if the petitioner has waited too long before seeking help from the Court of Appeal.

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