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California appeal online FAQ
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Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals.
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(b) Return or opposition; reply (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
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Under CPR 52.12(2), the appeal notice must be filed within 21 days after the date of the decision of the lower court which the appellant wishes to appeal – or such longer or shorter period as may be directed by the lower court.
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Petition for Extraordinary Writ (JV-825) A child's lawyer or parent's lawyer uses this to ask the appeals court to review the juvenile court's decision to stop efforts to return the child to a parent's home, and to set a hearing to select a permanent plan for the child.
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(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to ...
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The return must be filed within the time specified by the appellate division or, if no time is specified, within 30 days from the date the alternative writ or order to show cause was issued. The petitioner will then have an opportunity to file a reply within 15 days after the return is filed.
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You may use Judicial Council form APP-002, Notice of Appeal/Cross-Appeal (Unlimited Civil Case), to file a notice of appeal in an unlimited civil case. The notice of appeal must be served on the other party or parties in the case and filed with the clerk of the superior court.
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In cases where there is no statutory deadline, the petition should be filed within 30 days when challenging an action in a misdemeanor case, or within 60 days in a felony case.
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