When trial courts and juries make mistakes, our attorneys can assist in filing writ petitions in an accurate and timely manner. At Shore, McKinley, Conger & Jolley, LLP, with offices in Stockton, CA, and surrounding areas, we have the knowledge needed to file writs and to advocate for a correction when a case is not handled properly. If you need to have a higher court take a second look at a case you have been involved in, our team will work closely with you to meet your unique needs.
Our team can fight for your rights throughout every stage of the legal process.
What Is a Writ?
Putting your trust in the judiciary system can be nerve-wracking because there is no guarantee that a judge or a jury will make the right decisions. When mistakes are made, the aggrieved party does have recourse in the form of a writ. A writ is an order handed down by one court to another, ordering the lower court to take a certain action. In some cases, a writ serves as the basis for an appeal once a trial concludes, and is thus an important part of the litigation process. There are several different types of writs, for example:
- Writ of supersedeas: This type of writ prohibits enforcement of a judgment entered in a lower court while the matter is in the appeals process. It is desirable when a party is unhappy or disagrees with the final judgment, and wants a higher court to review the case for accuracy.
- Writ of mandate: This type of writ directs a governmental agency or another court to correct a prior error in deciding previous behaviors are acceptable, and acts to prevent the same behavior once the writ of mandate is issued.
- Writ of prohibition: When a court does not have the authority or jurisdiction to hear a case, a writ of prohibition will stop that case in its tracks, prohibiting the lower court from proceeding any further.
There are strict timelines for filing writs, and if the deadline is missed the court will not entertain your request. Our team is well-versed in writ petitions and all aspects of appellate work and can help keep your case on track.
Our Track Record
Because of the strict guidelines associated with writs, it is critical to partner with a firm that has a proven track record in this area of law who will best represent your interests. Our team of attorneys has over 15 reported decisions from the California Courts of Appeal and California Supreme Court, and also has experience before the United States Supreme Court in amicus matters.
Seeking a writ at the conclusion of a case provides litigants the tools necessary to have a case reviewed for error, and to have any errors corrected.
In addition to our published decisions, we have been involved in countless unpublished cases and offer you the experience needed to properly pursue a writ. We handle your case from start to finish and beyond if an appeal is needed. We focus on accuracy, deadlines, and proper application of the law to the facts of your case.
Contact Shore, McKinley, Conger & Jolley, LLP
If you need help with a case at any stage, reach Shore, McKinley, Conger & Jolley, LLP, today using our online form or call (916) 307-6880 to schedule a consultation. We will determine which pieces of evidence are necessary for an effective writ or other appellate procedure, and present a clear picture of your case to the court.