4-4. What are the formatting requirements for writs?

A. Title. Your case should be titled, "[Petitioner] v. Superior Court of Orange County." List the names of the other parties who appeared below as real parties in interest. Petitions for writ of supersedeas bear the same title as the appeal and the same appellate court docket number. (Rule 8.112(a)(2).)

B. Verification. All petitions, with the exception of habeas corpus, must be verified by petitioner or counsel.

C. Writ Covers. The writ cover should be red. (Rule 8.40(b)(1).) Include the following:

1. Case title and trial court number
2. Name of the trial judge or judges whose ruling is challenged.
3. The name, address, telephone number, California state bar number, and (preferably) the fax number and e-mail address of each attorney filing or joining the petition
4. If you request a stay, the court must so state, in capital letters "IMMEDIATE RELIEF REQUESTED" or "STAY REQUESTED." Include also the nature and date of the proceedings sought to be stayed (for example, "Petitioner's deposition set for [date]"

D. Table of Contents & Table of Authorities. List the sections of the brief in the table of contents, by page number. The table of authorities should list the cases, in alphabetical order, the statutes and other authorities used in the brief. (Rule 8.204(a)(1)(a).)

E. Certificate of Interested Entities or Persons. Include a copy of the Certificate of Interested Entities or Persons in your petition after the cover and before the tables. (Rules 8.490(i), 8.494(c), 8.496(c) and 8.498(d).) The contents of the certificate are described in Rules 8.208(d).

F. Page Limits. There is a 14,000 word limit, including footnotes, but excluding the tables, certificate, verification and supporting documents. (Rule 8.490(b)(6).) You must include a certification of word count at the end of the brief, stating the number of words. A brief produced on a typewriter must not exceed 50 pages. (Rules 8.204(c)(1), 8.490(a)(1), 8.490(b)(6).)

G. Typeface, Margins, Spacing & Type of Paper.

1. The paper must be white or unbleached, recycled, 8½ x 11 inches. (Rule 8.204(b)(1).)
2. Do not use numbered paper. You may use both sides of the paper, unless you use a typewriter. (Rule 8.204(b)(4).) Be sure to consecutively number the pages. (Rule 8.204(b).)
3. Use single spacing only for block indented quotations, and for headings and footnotes. The brief text should be double-spaced or with 1½ spacing.
4. You may use any conventional roman typeface, but the type size must be at least 13 points. (Use the same type size for footnotes.) If your petition is typewritten, you must use pica type.

H. Peremptory Writ? If you desire the court to issue a peremptory writ, you should include such a request in your prayer; and explain why the matter is "urgent" or why the need for relief is "obvious" and "settled."

I. Proof of Service. There must be a proof of service on the judge in the superior court from whose ruling the petition is taken and upon the attorney for each separately represented real party in interest, and upon each unrepresented real party in interest. (Rule 8.25(a), 8.490(f)(1).) The proof of service should include the state bar number and telephone number of each attorney served. (Rule 8.490(f)(3).) You must include a proof of personal service of any petition with a request for an immediate stay (within 15 days); indeed, it is good practice to include proof of personal service of any petition for which you seek immediate relief.

1. You must include a proof of service on the Attorney General on a writ petition in unfair competition, false advertising and false claims cases and any writ petition that questions the constitutionality of a state statute. (Rules 8.29(c), 8.490(f)(4).) Indicate this service on the cover of your petition in the following form: "Service on [insert name of the officer or agency] required by [insert citation to the statute or rule.] (Rule 8.29(b).)
2. In unfair competition, false advertising and false claims case, you must include a proof of service on the Orange County district attorney. (Rule 8.490(f)(4).)

J. Petitioner's Optional Reply. Unless the court specifies a different date, the petitioner's optional reply should be served and filed within 15 days after the real parties file their opposition or return. (Rule 8.490(h)(3).) Use a red cover.

K. Noncomplying Petitions. Consideration of your writ petition may be delayed if it does not comply with the court rules. Noncomplying petitioners may be stricken or summarily denied if not brought into compliance within a reasonable time. (Rule 8.490(d)(2)).

L. Subsequent Developments. A petitioner should notify the clerk's office immediately of any circumstances, including a settlement, that makes moot the request for writ relief. It is advisable to telephone the clerk's office, and to follow-up with a letter, with a declaration (if necessary), that is served upon all parties.