What Is the Meaning of Writ Petition?

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A writ petition is a right endowed by the law for a person to seek speedy trial before an appellate court after a trial court's judgment on his case. The petitioner seeks to rush his case to prevent irreparable harm.

Meaning

  • According the the Los Angeles County Bar Association, a writ petition is a request to bypass the procedures after an appeal of final judgment and move to the front of the line in the court of appeal.

Importance

  • A writ petition is viewed as an "extraordinary form of relief" by the petitioner as it is utilized when there is no other form of adequate or speedy remedy under the court of appeal.

Categories

  • The writ petition may fall into one of two categories; public or legal significance or prejudice. Public and legal significance pertains to a writ that deals with straightening out the court's misinterpretations. A prejudice writ petition seeks to protect those who may be discriminated against by the court due to harsh and unfair results of the trial court's determination.

Content

  • This document includes an introduction to the issue and an explanation why petition is needed as a means of preventing irreparable harm. The explanation is supported by allegations by the petitioner and a memorandum of the issues raised.

Deadlines

  • These will vary according to the jurisdiction as this is an issue of the appellate courts--which do not have the authority to accept late submissions, so timely petitions are necessary.

References

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