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The writ of mandate is a type of extraordinary writ in the U.S. state of California. [ 1 ] [ 2 ] In California, certain writs are used by the superior courts , courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.
In California law, when a case goes up on writ of mandate (California's version of mandamus), the appellant goes first in the case caption on appeal as the petitioner, and the superior court becomes the respondent. The actual opponent is listed below those names as the "real party in interest."
When filed, a copy of the first page of the motion must be transmitted to the Judicial Council of California via e-mail of facsimile. Similarly, the first page of any opposition, as well as the entirety of any notice of appeal, petition for writ or order issued on the motion must also be transmitted when filed. [9]
In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
A writ was a summons from the Crown to the parties to the action, with on its back the substance of the action set out, together with a 'prayer' requesting a remedy from the court (for example, damages). In 1980, the need for writs to be written in the name of the Crown was ended. From that time, a writ simply required the parties to appear. [16]
The former NFL first-round draft pick also described his life in ... last week with a state appeals court in California, a copy of which was obtained by USA TODAY Sports. ... a petition for a writ ...
The Supreme Court of California is the highest and final court ... and that acting supreme court eventually denied the writ petition. ... then prepares a draft ...
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is ...
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