9. Procedures for Original Proceedings (Writs)

Rules 8.112, 8.116, 8.380, 8.384, 8.450-8.456, and 8.490-8.498.

File an original plus four 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.

A filing fee of $655.00 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.

A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 5 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.

There shall be a proof of service on the judge in the superior court from whose ruling the writ is taken and on opposing counsel. The proof of service must name each party represented by each attorney served and list each attorney's telephone number. 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.

Each party in civil cases other than family, juvenile, guardianship or conservatorship must serve and file a Certificate of Interested Entities or Persons. (PDF, 135 KB)

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" and shall indicate the date by which relief is being sought.

The court may deny the petition without requesting opposition. If a response is desired, the court will notify counsel by written request.

The Sixth District Outline of Original Proceedings is available for download in .pdf or .doc format.

For information on viewing Word .doc and Acrobat .pdf documents, please click here.

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