Petition Vs Writ Petition
Description
How to fill out Petition For Writ Of Mandamus Or Mandate To Compel Court To Expunge Record Of Arrest, Trial, And Conviction - Expungement?
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FAQ
The petition shall not exceed 50 pages in length and shall contain: (1) the basis for invoking the jurisdiction of the court; (2) the facts on which the petitioner relies; (3) the nature of the relief sought; and (4) argument in support of the petition and appropriate citations of authority.
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. (American Property Management Corp. v. Superior Court (2012) 206 Cal.
Order from an Appellate Court, or the Supreme Court, when the court refuses to hear a case where one or more parties have filed a Petition for Writ of Review.
There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).
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.