court_form | California

APP-150-INFO - Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases

UIDca_court_forms:app-150-info
CitationAPP-150-INFO
Court / bodyJudicial Branch of California
Decision dateN/A
CollectionCA_COURT_FORMS
SourceOriginal

Summary

Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases

Text

Form ID: APP-150-INFO
Title: Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/APP-150-INFO
Primary Download URL: https://www.courts.ca.gov/documents/app150info.pdf
Form Detail Page:
Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases
(APP-150-INFO)
Explains the steps for asking a higher court for a writ (an order telling a lower court to do or not do something) in a misdemeanor, infraction, or limited civil case. It includes links to online resources to help understand each step in the writ process.
Get form APP-150-INFO
Effective: January 1, 2024
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PDF Text:
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2024, Optional Form
Cal. Rules of Court, rules 8.930–8.936
Information on Writ Proceedings in
Misdemeanor, Infraction, and Limited Civil Cases
APP-150-INFO Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases
GENERAL INFORMATION
1 What does this information sheet cover?
This information sheet tells you about writ
proceedings)—proceedings in which a person is asking
for a writ of mandate, prohibition, or review—in
misdemeanor, infraction, and limited civil cases, and in
certain small claims cases. Please read this information
sheet before you fill out Petition for Writ (Misdemeanor,
Infraction, or Limited Civil Case) (form APP-151). This
information sheet does not cover everything you may
need to know about writ proceedings. It is only meant to
give you a general idea of the writ process. To learn
more, you should read rules 8.930 -8.936 of the
California Rules of Court, which set out the procedures
for writ proceedings in the appellate division. You can
get these rules at any courthouse or county law library or
online at www.courts.ca.gov/rules.
This information sheet does NOT provide information
about appeals or proceedings for writs of supersedeas or
habeas corpus, or for writs in certain small claims cases.
For information about appeals, please see the box on
the right side of this page.
For information about writs of habeas corpus, please
see rules 4.550–4.552 of the California Rules of
Court and Petition for Writ of Habeas Corpus (form
HC-001).
For information about writs of supersedeas, please
see rule 8.824 of the California Rules of Court.
This information sheet applies to writs relating to
postjudgment enforcement actions of the small
claims division. For information about writs relating
to other actions by the small claims division, see
rules 8.930 -8.936 of the California Rules of Court
and Petition for Writ (Small Claims) (form SC-300).
For information about writs relating to actions of the
superior court on small claims appeals, see rules
8.485 -8.493 of the California Rules of Court.
You can get these rules and forms at any courthouse or
county law library or online at www.courts.ca.gov/rules
for the rules or www.courts.ca.gov/forms for the forms.
2 What is a writ?
A writ is an order from a higher court telling a lower
court to do something the law says the lower court must
do or not to do something the law says the lower court
does not have the power to do. In writ proceedings in the
appellate division, the lower court is the superior court
that took the action or issued the order being challenged.
For information about appeal procedures, see:
Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO);
Information on Appeal Procedures for
Infractions (form CR-141-INFO); and
Information on Appeal Procedures for Limited
Civil Cases (form APP-101-INFO)
You can get these forms at any courthouse or county
law library or online at www.courts.ca.gov/forms.
In this information sheet, we call the lower court the
“trial court.”
3 Are there different kinds of writs?
Yes. There are three main kinds of writs:
Writs of mandate (sometimes called “mandamus”),
which are orders telling the trial court to do
something.
Writs of prohibition, which are orders telling the
trial court not to do something.
Writs of review (sometimes called “certiorari”),
which are orders telling the trial court that the
appellate division will review certain kinds of
actions already taken by the trial court.
There are laws (statutes) that you should read concerning
each type of writ: see California Code of Civil Procedure
sections 1084–1097 about writs of mandate, sections
1102–1105 about writs of prohibition, and sections
1067–1077 about writs of review. You can get copies of
these statutes at any county law library or online at
leginfo.legislature.ca.gov/faces/codes.xhtml.
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4 Is a writ proceeding the same as
an appeal?
No. In an appeal, the appellate division must consider
the parties’ arguments and decide whether the trial court
made the legal error claimed by the appealing party and
whether the trial court’s decision should be overturned
based on that error (this is called a “decision on the
merits”). In a writ proceeding, the appellate division is
not required to make a decision on the merits; even if the
trial court made a legal error, the appellate division can
decide not to consider that error now, but to wait and
consider the error as part of any appeal from the final
judgment. Most requests for writs are denied without a
decision on the merits (this is called a “summary
denial”). Because of this, appeals are the ordinary way
that decisions made by a trial court are reviewed and
writ proceedings are often called proceedings for
“extraordinary” relief.
Appeals and writ proceedings are also used to review
different kinds of decisions by the trial court. Appeals
can be used only to review a trial court’s final judgment
and a few kinds of orders. Most rulings made by a trial
court before it issues its final judgment cannot be
appealed right away; they can only be appealed after the
trial court case is over, as part of an appeal of the final
judgment. Unlike appeals, writ proceedings can be used
to ask for review of certain kinds of important rulings
made by a trial court before it issues its final judgment.
5 Is a writ proceeding a new trial?
No. A writ proceeding is NOT a new trial. The
appellate division will not consider new evidence, such
as the testimony of new witnesses. Instead, if it does not
summarily deny the request for a writ, the appellate
division reviews a record of what happened in the trial
court and the trial court’s ruling to see if the trial court
made the legal error claimed by the person asking for the
writ. When it conducts its review, the appellate division
presumes that the trial court’s ruling is correct; the
person who requests the writ must show the appellate
division that the trial court made the legal error the
person is claiming.
6 Can a writ be used to address any
errors made by a trial court?
No.
Writs can only address certain legal errors. Writs can
only address the following types of legal errors made by
a trial court:
The trial court has a legal duty to act but:
Refuses to act;
Has not done what the law says it must do; or
Has acted in a way the law says it does not have
the power to act.
The trial court has performed or says it is going to
perform a judicial function (like deciding a person’s
rights under law in a particular case) in a way that
the court does not have the legal power to do.
There must be no other adequate remedy. The trial
court’s error must also be something that can be fixed
only with a writ. The person asking for the writ must
show the appellate division that there is no adequate way
to address the trial court’s error other than with the writ
(this is called having “no adequate remedy at law”). As
mentioned above, appeals are the ordinary way that trial
court decisions are reviewed. If the trial court’s ruling
can be appealed, the appellate division will generally
consider an appeal to be good enough (an “adequate
remedy”) unless the person asking for the writ can show
the appellate division that the person will be harmed in a
way that cannot be fixed by the appeal if the appellate
division does not issue the writ (this is called
“irreparable” injury or harm).
Statutory writs: There are laws (statutes) that provide
that certain kinds of rulings can or must be challenged
using a writ proceeding. These are called “statutory
writs.” Here is a list of some of the most common
rulings that a statute says can or must be challenged
using a writ:
A ruling on a motion to disqualify a judge (see
California Code of Civil Procedure section 170.3(d))
Denial of a motion for summary judgment (see
California Code of Civil Procedure section
437c(m)(l))
A ruling on a motion for summary adjudication of
issues (see California Code of Civil Procedure
section 437c(m)(l))
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Denial of a stay in an unlawful detainer matter (see
California Code of Civil Procedure section 1176)
An order disqualifying the prosecuting attorney (see
California Penal Code section 1424)
You can get copies of these statutes at any county law
library or online at leginfo.legislature.ca.gov/faces
/codes.xhtml. You will need to check whether there is a
statute providing that the specific ruling you want to
challenge can or must be reviewed using a writ
proceeding. (Note that just because there is a statute
requiring or allowing you to ask for a writ to challenge a
ruling does not mean that the court must grant your
request; the appellate division can still deny a request for
a statutory writ.)
Common law writs: Even if there is not a statute
specifically providing for a writ proceeding to challenge
a particular ruling, most trial court rulings other than the
final judgment can potentially be challenged using a writ
proceeding if the trial court made the type of legal error
described above and the petitioner has no other adequate
remedy at law. These writs are called “common law”
writs.
7 Can the appellate division consider a
request for a writ in any case?
No. Different courts have the power (called
“jurisdiction”) to consider requests for writs in different
types of cases. The appellate division can only consider
requests for writs in limited civil, misdemeanor, and
infraction cases, and certain small claims cases. A
limited civil case is a civil case in which the amount
claimed is $35,000 or less (see California Code of Civil
Procedure sections 85 and 88). Misdemeanor cases are
cases in which a person has been charged with or
convicted of a crime for which the punishment can
include jail time of up to one year but not time in state
prison (see California Penal Code sections 17 and 19.2).
(If the person was also charged with or convicted of a
felony in the same case, it is considered a felony case,
not a misdemeanor case.) Infraction cases are cases in
which a person has been charged with or convicted of a
crime for which the punishment can be a fine, traffic
school, or some form of community service but cannot
include any time in jail or prison (see California Penal
Code sections 17 and 19.8). Examples of infractions
include traffic tickets or citations for violations of some
city or county ordinances. (If a person was also charged
with or convicted of a misdemeanor in the same case, it
is considered a misdemeanor case, not an infraction
case.) You can get copies of these statutes at any county
law library or online at leginfo.legislature.ca.gov/faces
/codes.xhtml. The appellate division can consider
requests for writs in small claims actions relating to
postjudgment enforcement orders.
The appellate division does NOT have jurisdiction to
consider requests for writs in either unlimited civil cases
(civil cases in which the amount claimed is more than
$35,000) or felony cases (cases in which a person has
been charged with or convicted of a crime for which the
punishment can include time in state prison). Requests
for writs in these cases can be made in the Court of
Appeal. The appellate division also does NOT have
jurisdiction to consider requests for writs of habeas
corpus; requests for these writs can be made in the
superior court.
Requests for writs relating to actions of the small claims
division other than postjudgment enforcement orders are
considered by a single judge in the appellate division.
(See form SC-300-INFO.) Requests for writs relating to
superior court actions in small claims cases on appeal
may be made to the Court of Appeal.
8 Who are the parties in a writ proceeding?
If you are asking for the writ, you are called the
PETITIONER. You should read “Information for the
Petitioner,” beginning on page 4.
The court the petitioner is asking to be ordered to do or
not to do something is called the RESPONDENT. In
appellate division writ proceedings, the trial court is the
respondent.
Any other party in the trial court case who would be
affected by a ruling regarding the request for a writ is a
REAL PARTY IN INTEREST. If you are a real party in
interest, you should read “Information for a Real Party in
Interest,” beginning on page 10.
9 Do I need a lawyer to represent me in
a writ proceeding?
You do not have to have a lawyer; you are allowed to
represent yourself in a writ proceeding in the appellate
division. But writ proceedings can be very complicated
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and you will have to follow the same rules that lawyers
have to follow. If you have any questions about the writ
procedures, you should talk to a lawyer. In limited civil
cases and infraction cases, you must hire a lawyer at
your own expense if you want one (the court cannot
provide one). You can get information about finding a
lawyer on the California Courts Online Self-Help Center
at www.courts.ca.gov/selfhelp-lowcosthelp.htm.
INFORMATION FOR THE PETITIONER
This part of the information sheet is written for the
petitioner—the party asking for the writ. It explains
some of the rules and procedures relating to asking for a
writ. The information may also be helpful to a real party
in interest. There is more information for a real party in
interest starting on page 10 of this information sheet.
10 Who can ask for a writ?
Only a party in the trial court proceeding—the plaintiff
or defendant in a civil case or the defendant or
prosecuting agency in a misdemeanor or infraction
case—can ask for a writ challenging a ruling on a
motion to disqualify a judge (see California Code of
Civil Procedure section 170.3(d)). Parties are also
usually the only ones that ask for writs challenging other
kinds of trial court rulings. However, in most cases, a
person who was not a party does have the legal right to
ask for a writ if that person has a “beneficial interest” in
the trial court’s ruling. A “beneficial interest” means that
the person has a specific right or interest affected by the
ruling that goes beyond the general rights or interests the
public may have in the ruling.
11 How do I ask for a writ?
To ask for a writ you must serve and file a petition for a
writ (see below for an explanation of how to “serve and
file” a petition). A petition is a formal request that the
appellate division issue a writ. A petition for a writ
explains to the appellate division what happened in the
trial court, what legal error you (the petitioner) believe
the trial court made, why you have no other adequate
remedy at law, and what order you are requesting the
appellate division to make.
12 How do I prepare for a writ petition?
If you are represented by a lawyer, your lawyer will
prepare your petition for a writ. If you are not
represented by a lawyer, you must use Petition for Writ
(Misdemeanor, Infraction, or Limited Civil Case) (form
APP-151) to prepare your petition. You can get form
APP-151 at any courthouse or county law library or
online at www.courts.ca.gov/forms. This form asks you
to fill in the information that needs to be in a writ
petition.
a. Description of your interest in the trial
court's ruling
Your petition needs to tell the appellate division why
you have a right to ask for a writ in the case. As
discussed above, usually only a person who was a party
in the trial court case—the plaintiff or defendant in a
civil case or the defendant or prosecuting agency in a
misdemeanor or infraction case—asks for a writ
challenging a ruling in that case. If you were a party in
the trial court case, say that in your petition. If you were
not a party, you will need to describe what “beneficial
interest” you have in the trial court’s ruling. A
“beneficial interest” means that you have a specific right
or interest affected by the ruling that goes beyond the
general rights or interests the public may have in the
ruling. To show the appellate division that you have a
beneficial interest in the ruling you want to challenge,
you must describe how the ruling will affect you in a
direct and negative way.
b. Description of the legal error you believe the
trial court made
Your petition will need to tell the appellate division what
legal error you believe the trial court made. Not every
mistake a trial court might make can be addressed by a
writ. You must show that the trial court made one of the
following types of legal errors:
The trial court has a legal duty to act but:
Refuses to act;
Has not done what the law says it must do; or
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Has acted in a way the law says it does not have
the power to act.
The trial court has performed or says it is going to
perform a judicial function (like deciding a person’s
rights under law in a particular case) in a way that
the court does not have the legal power to do.
To show the appellate division that the trial court made
one of these legal errors, you will need to:
Show that the trial court has the legal duty or the
power to act or not act in a particular way. You will
need to tell the appellate division what legal
authority–what constitutional provision, statute,
rule, or published court decision–establishes the
trial court’s legal duty or power to act or not act in
that way.
Show the appellate division that the trial court has
not acted in the way that this legal authority says the
court is required to act. You will need to tell the
appellate division exactly where in the record of
what happened in the trial court it shows that the
trial court did not act in the way it was required to.
c. Description of why you need the writ
One of the most important parts of your petition is
explaining to the appellate division why you need the
writ you have requested. Remember, the appellate
division does not have to grant your petition just because
the trial court made an error. You must convince the
appellate division that it is important for it to issue the
writ.
Your petition needs to show that a writ is the only way
to fix the trial court’s error. To convince the court you
need the writ, you will need to show the appellate
division that you have no way to fix the trial court’s
error other than through a writ (this is called having “no
adequate remedy at law”).
This will be hard if the trial court’s ruling can be
appealed. If the ruling you are challenging can be
appealed, either immediately or as part of an appeal of
the final judgment in your case, the appellate division
will generally consider this appeal to be a good enough
way to fix the trial court’s ruling (an “adequate
remedy”). To be able to explain to the appellate division
why you do not have an adequate remedy at law, you
will need to find out if the ruling you want to challenge
can be appealed, either immediately or as part of an
appeal of the final judgment.
Here are some trial court rulings that can be appealed.
There are laws (statutes) that say that certain kinds of
trial court rulings (“orders”) can be appealed
immediately. In limited civil cases, California Code of
Civil Procedure section 904.2 lists orders that can be
appealed immediately, including orders:
Changing or refusing to change the place of trial
(venue)
Granting a motion to quash service of summons
Granting a motion to stay or dismiss the action on
the ground of inconvenient forum
Granting a new trial
Denying a motion for judgment notwithstanding the
verdict
Granting or dissolving an injunction or refusing to
grant or dissolve an injunction
Appointing a receiver
Made after final judgment in the case
In misdemeanor and infraction cases, orders made after
the final judgment that affect the substantial rights of the
defendant can be appealed immediately (California
Penal Code section 1466).
In misdemeanor cases, orders granting or denying a
motion to suppress evidence can also be appealed
immediately (California Penal Code section 1538.5(j)).
You can get copies of these statutes at any county law
library or online at leginfo.legislature.ca.gov/faces
/codes.xhtml. You should also check to see if there are
published court decisions that indicate whether you can
or must use an appeal or a writ petition to challenge the
type of ruling you want to challenge in your case.
If the ruling can be appealed, you will need to show
that an appeal will not fix the trial court’s error. If the
trial court ruling you want to challenge can be appealed,
you will need to show the appellate division why that
appeal is not good enough to fix the trial court’s error.
To do that, you will need to show the appellate division
how you will be harmed by the trial court’s error in a
way that cannot be fixed by the appeal if the appellate
division does not issue the writ (this is called
“irreparable” injury or harm). For example, because of
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the time it takes for an appeal, the harm you want to
prevent may happen before an appeal can be finished.
d. Description of the order you want the
appellate division to make
Your petition needs to describe what you are asking the
appellate division to order the trial court to do or not do.
Writ petitions usually ask that the trial court be ordered
to cancel (“vacate”) its ruling, issue a new ruling, or not
take any steps to enforce its ruling.
If you want the appellate division to order the trial court
not to do anything more until the appellate division
decides whether to grant the writ you are requesting, you
must ask for a “stay.” If you want a stay, you should first
ask the trial court for a stay. You should tell the
appellate division whether you asked the trial court for a
stay. If you did not ask the trial court for a stay, you
should tell the appellate division why you did not do
this.
If you ask the appellate division for a stay, make sure
you also fill out the “Stay requested” box on the first
page of the Petition for Writ (Misdemeanor, Infraction,
or Limited Civil Case) (form APP-151).
e. Verifying the petition
Petitions for writs must be “verified.” This means that
either the petitioner or the petitioner’s attorney must
declare under penalty of perjury that the facts stated in
the petition are true and correct, must sign the petition,
and must indicate the date that the petition was signed.
On the last page of the Petition for Writ (Misdemeanor,
Infraction, or Limited Civil Case) (form APP-151), there
is a place for you to verify your petition.
13 Is there anything else that I need to
serve and file with my petition?
Yes. Along with the petition, you must serve and file a
record of what happened in the trial court (see below for
an explanation of how to serve and file the petition).
Since the appellate division judges were not there in the
trial court, a record of what happened must be sent to the
appellate division for its review. The materials that make
up this record are called “supporting documents.”
What needs to be in the supporting documents. The
supporting documents must include:
A record of what was said in the trial court about the
ruling that you are challenging (this is called the
“oral proceedings”) and
Copies of certain important documents from the trial
court.
Read below for more information about these two parts
of the supporting documents.
Record of the oral proceedings. There are several ways
a record of what was said in the trial court may be
provided to the appellate division:
A transcript—A transcript is a written record (often
called the “verbatim” record) of the oral proceedings
in the trial court. If a court reporter was in the trial
court and made a record of the oral proceedings, you
can have the court reporter prepare a transcript of
those oral proceedings, called a “reporter’s
transcript,” for the appellate division. If a reporter
was not there, but the oral proceedings were
officially recorded on approved electronic recording
equipment, you can have a transcript prepared for
the appellate division from the official electronic
recording of these proceedings. You (the petitioner)
must pay for preparing a transcript, unless the court
orders otherwise.
A copy of an electronic recording—If the oral
proceedings were officially recorded on approved
electronic recording equipment, the court has a local
rule for the appellate division permitting this
recording to be used as the record of the oral
proceedings, and all the parties agree (“stipulate”), a
copy of the official electronic recording itself can be
used as the record of the oral proceedings instead of
a transcript. You (the petitioner) must pay for
preparing a copy of the official electronic recording,
unless the court orders otherwise.
A summary—If a transcript or official electronic
recording of what was said in the trial court is not
available, your petition must include a declaration (a
statement signed by the petitioner under penalty of
perjury) either:
Explaining why the transcript or official
electronic recording is not available and
providing a fair summary of the proceedings,
including the petitioner’s arguments and any
statement by the court supporting its ruling; or
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Stating that the transcript or electronic
recording has been ordered, the date it was
ordered, and the date it is expected to be filed.
Copies of documents from the trial court. Copies of the
following documents from the trial court must also be
included in the supporting documents:
The trial court ruling being challenged in the petition
All documents and exhibits submitted to the trial
court supporting and opposing the petitioner’s
position
Any other documents or portions of documents
submitted to the trial court that are necessary for a
complete understanding of the case and of the ruling
being challenged
What if I cannot get copies of the documents from the
trial court because of an emergency? Rule 8.931 of the
California Rules of Court provides that in extraordinary
circumstances the petition may be filed without copies of
the documents from the trial court. If the petition is filed
without these documents, you must explain in your
petition the urgency and the circumstances making the
documents available.
Format of the supporting documents. Supporting
documents must be put in the format required by rule
8.931 of the California Rules of Court. Among other
things, there must be a tab for each document and an
index listing the documents that are included. You
should carefully read rule 8.931. You can get a copy of
rule 8.931 at any courthouse or county law library or
online at www.courts.ca.gov/rules.
14 Is there a deadline to ask for a writ?
Yes. For statutory writs, the statute usually sets the
deadline for serving and filing the petition. Here is a list
of the deadlines for filing petitions for some of the most
common statutory writs (you can get copies of these
statutes at any county law library or online at
leginfo.legislature.ca.gov/faces/codes.xhtml).
Statutory Writ Filing Deadline
Writ challenging a ruling on a
motion to disqualify a judge
(see California Code of Civil
Procedure section 170.3(d))
10 days after notice
to the parties of the
decision
Writ challenging the denial of
a motion for summary
judgment (see California
Code of Civil Procedure
section 437c(m)(l))
20 days after service
of written notice of
entry of the order
Writ challenging a ruling on a
motion for summary
adjudication of issues (see
California Code of Civil
Procedure section 437c(m)(l))
20 days after service
of written notice of
entry of the order
For common law writs or statutory writs where the
statute does not set a deadline, you should file the
petition as soon as possible and not later than 30 days
after the court makes the ruling that you are challenging
in the petition. While there is no absolute deadline for
filing these petitions, writ petitions are usually used
when it is urgent that the trial court’s error be fixed.
Remember, the court is not required to grant your
petition even if the trial court made an error. If you delay
in filing your petition, it may make the appellate division
think that it is not really urgent that the trial court’s error
be fixed and the appellate division may deny your
petition. If there are extraordinary circumstances that
delayed the filing of your petition, you should explain
these circumstances to the appellate division in your
petition.
15 How do I “serve” my petition?
Rule 8.931(d) requires that the petition and one set of
supporting documents be served on any named real party
in interest and that just the petition be served on the
respondent trial court. “Serving” a petition on a party
means that you must:
Have somebody over 18 years old mail, deliver, or
electronically send (“serve”) the petition to the real
party in interest and the respondent court in the way
required by law. If the petition is mailed or
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personally delivered, it must be by someone who is
not a party to the case—so not you.
Make a record that the petition has been served.
This record is called a “proof of service.” Proof of
Service (Appellate Division) (form APP-109) or
Proof of Electronic Service (Appellate Division)
(form APP-109E) can be used to make this record.
The proof of service must show who served the
petition, who was served with the petition, how the
petition was served (by mail, in person, or
electronically), and the date the petition was served.
You can get more information about how to serve court
documents and proof of service from What Is Proof of
Service? (form APP-109-INFO) and on the California
Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
16 How do I file my petition?
To file a petition for a writ in the appellate division, you
must bring or mail the original petition, including the
supporting documents, and the proof of service to the
clerk for the appellate division of the superior court that
made the ruling you are challenging. If the superior court
has more than one courthouse location, you should call
the clerk at the courthouse where the ruling you are
challenging was made to ask where to file your petition.
You should make a copy of all the documents you are
planning to file for your own records before you file
them with the court. It is a good idea to bring or mail an
extra copy of the petition to the clerk when you file your
original and ask the clerk to stamp this copy to show that
the original has been filed.
17 Do I have to pay to file a petition?
There is no fee to file a petition for a writ in a
misdemeanor or infraction case, but there is a fee to file
a petition for a writ in a limited civil case. You should
ask the clerk for the appellate division where you are
filing the petition what this fee is. If you cannot afford to
pay this filing fee, you can ask the court to waive this
fee. To do this, you must fill out a Request to Waive
Court Fees (form FW-001). You can get form FW-001
at any courthouse or county law library or online at
www.courts.ca.gov/forms. You can file this application
either before you file your petition or with your petition.
The court will review this application and decide
whether to waive the filing fee.
18 What happens after I file my petition?
Within 10 days after you serve and file your petition, the
respondent or any real party in interest can serve and file
preliminary opposition to the petition. Within 10 days
after an opposition is filed, you may serve and file a
reply to that opposition.
The appellate division does not have to wait for an
opposition or reply before it can act on a petition for a
writ, however. Without waiting, the appellate division
can:
a. Issue a stay
b. Summarily deny the petition
c. Issue an alternative writ or order to show cause
d. Notify the parties that it is considering issuing a
preemptory writ in the first instance
e. Issue a peremptory writ in the first instance if such
relief was expressly requested in the petition.
Read below for more information about these options.
a. Stay of trial court proceedings
A stay is an order from the appellate division telling the
trial court not to do anything more until the appellate
division decides whether to grant your petition. A stay
puts the trial court proceedings on temporary hold.
b. Summary denial
A “summary denial” means that the appellate division
denies the petition without deciding whether the trial
court made the legal error claimed by the petitioner or
whether the writ requested by the petitioner should be
issued based on that error. Remember, even if the trial
court made a legal error, the appellate division can
decide not to consider that error now but to wait and
consider the error as part of any appeal from the final
judgment. No reasons need to be given for a summary
denial. Most petitions for writs are denied in this way.

Rev. January 1, 2024, Optional Form
Information on Writ Proceedings in
Misdemeanor, Infraction, and Limited Civil Cases
APP-150-INFO Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases
c. Alternative writ or order to show cause
An “alternative writ” is an order telling the trial court
either to do what the petitioner has requested in the
petition (or some modified form of what the petitioner
requested) or to show the appellate division why the trial
court should not be ordered to do what the petitioner
requested. An “order to show cause” is similar; it is an
order telling the trial court to show the appellate division
why the trial court should not be ordered to do what the
petitioner requested in the petition (or some modified
form of what the petitioner requested). The appellate
division will issue an alternative writ or an order to show
cause only if the petitioner has shown that the petitioner
has no adequate remedy at law and the appellate division
has decided that the petitioner may have shown that the
trial court made a legal error that needs to be fixed.
If the appellate division issues an alternative writ and the
trial court does what the petitioner requested (or a
modified form of what the petitioner requested as
ordered by the appellate division), then no further action
by the appellate division is needed and the appellate
division may dismiss the petition.
If the trial court does not comply with an alternative
writ, however, or if the appellate division issues an order
to show cause, then the respondent court or a real party
in interest can file a response to the appellate division’s
order (called a “return”) that explains why the trial court
should not be ordered to do what the petitioner
requested. The return must be served and 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 serve and file a reply
within 15 days after the return is filed. The appellate
division may set the matter for oral argument. When all
the papers have been served and filed (or the time to
serve and file them has passed) and oral argument is
completed, the appellate division will decide the case.
d. Peremptory writ in the first instance
A “peremptory writ in the first instance” is an order
telling the trial court to do what the petitioner has
requested (or some modified form of what the petitioner
requested) that is issued without the appellate division
first issuing an alternative writ or order to show cause. It
is very rare for the appellate division to issue a
peremptory writ in the first instance, and it will not do so
unless the respondent and real parties in interest have
received notice that the court might do so, either through
the petitioner expressly asking for such relief in the
petition, or by the court first notifying the parties and
giving the respondent court and any real party in interest
a chance to file an opposition.
The respondent court or a real party in interest can file a
response to the appellate division’s notice (called an
“opposition”) that explains why the trial court should not
be ordered to do what the petitioner has requested. The
opposition must be served and filed within the time
specified by the appellate division or, if no time is
specified, within 30 days from the date the notice was
issued. The petitioner will then have a chance to serve
and file a reply within 15 days after the opposition is
filed. The appellate division may then set the matter for
oral argument. When all the papers have been served and
filed (or the time to serve and file them has passed) and
oral argument is completed, the appellate division will
decide the case.
19 What should I do if the court denies
my petition?
If the court denies your petition, it may be helpful to talk
to a lawyer. In a limited civil or infraction case, you
must hire a lawyer at your own expense if you want one
(the court cannot provide one). You can get information
about finding an attorney on the California Courts
Online Self-Help Center at www.courts.ca.gov
/selfhelp-lowcosthelp.htm.
INFORMATION FOR A REAL PARTY
IN INTEREST
This part of the information sheet is written for a real
party in interest—a party from the trial court case other
than the petitioner who will be affected by a ruling on a
petition for a writ. It explains some of the rules and
procedures relating to responding to a petition for a writ.
The information may also be helpful to the petitioner.
APP-150-INFO, Page 9 of 12

Rev. January 1, 2024, Optional Form
Information on Writ Proceedings in
Misdemeanor, Infraction, and Limited Civil Cases
APP-150-INFO Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases
20 I have received a copy of a petition for
a writ in a case in which I am a party.
Do I need to do anything?
You do not have to do anything. The California Rules of
Court give you the right to file a preliminary opposition
to a petition for a writ within 10 days after the petition is
served and filed, but you are not required to do this. The
appellate division can take certain actions without
waiting for any opposition, including:
Summarily denying the petition;
Issuing an alternative writ or order to show cause;
Notifying the parties that it is considering issuing a
peremptory writ in the first instance; or
Issuing a peremptory writ in the first instance if such
relief was expressly requested in the petition.
Read the response to question 18 for more information
about these options.
Most petitions for writs are summarily denied, often
within a few days after they are filed. If you have not
already received something from the appellate division
saying what action it is taking on the petition, it is a
good idea to call the appellate division to see if the
petition has been denied before you decide whether and
how to respond.
This would be a good time to talk to a lawyer. You do
not have to have a lawyer; you are allowed to represent
yourself in a writ proceeding in the appellate division.
But writ proceedings can be very complicated and you
will have to follow the same rules that lawyers have to
follow. If you have any questions about writ proceedings
or about whether and how you should respond to a writ
petition, you should talk to a lawyer. In a limited civil
case or infraction case, you must hire a lawyer at your
own expense if you want one (the court cannot provide
one). You can get information about finding an attorney
on the California Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-lowcosthelp.htm.
If the petition has not already been summarily denied,
you may, but are not required to, serve and file a
preliminary opposition to the petition within 10 days
after the petition was served and filed. In general, it is a
good idea to consider filing a preliminary opposition if
the petition misstates the facts or if you think the petition
shows that the trial court made a legal error that may
need to be fixed. However, the appellate division will
seldom grant a writ without first issuing an alternative
writ, an order to show cause, or a notice that it is
considering issuing a peremptory writ. In all these
circumstances, you will get notice from the court and
have a chance to file a response. Note that the appellate
division may issue a peremptory writ without notice if
the petitioner expressly asked the court, in the petition,
to issue a peremptory writ in the first instance. If the
petitioner did that, you may want to consider whether to
file a preliminary opposition, to explain why you believe
the small claims court made no legal error and why the
petitioner is not entitled to a writ.
If you decide to file a preliminary opposition, you must
serve that preliminary opposition on all the other parties
to the writ proceeding. “Serving and filing” an
opposition means that you must:
Have somebody over 18 years old mail, deliver, or
electronically send (“serve”) the preliminary
opposition to the other parties in the way required by
law. If the preliminary opposition is mailed or
personally delivered, it must be by someone who is
not a party to the case—so not you.
Make a record that the preliminary opposition has
been served. This record is called a “proof of
service.” Proof of Service (Appellate Division) (form
APP-109) or Proof of Electronic Service (Appellate
Division) (form APP-109E) can be used to make this
record. The proof of service must show who served
the preliminary opposition, who was served with the
preliminary opposition, how the preliminary
opposition was served (by mail, in person, or
electronically), and the date the preliminary
opposition was served.
File the original preliminary opposition and the
proof of service with the appellate division. You
should make a copy of the preliminary opposition
for your own records before you file it with the
court. It is a good idea to bring or mail an extra copy
of the preliminary opposition to the clerk when you
file your original and ask the clerk to stamp this
copy to show that the original has been filed.
You can get more information about how to serve court
documents and proof of service from What Is Proof of
Service? (form APP-109-INFO) and on the California
APP-150-INFO, Page 10 of 12

Rev. January 1, 2024, Optional Form
Information on Writ Proceedings in
Misdemeanor, Infraction, and Limited Civil Cases
APP-150-INFO Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases
Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
21 I have received a copy of an alternative
writ or an order to show cause issued
by the appellate division. Do I need to
do anything?
Yes. Unless the trial court has already done what the
alternative writ told it to do, you should serve and file a
response called a “return.”
As explained above, the appellate division will issue an
alternative writ or an order to show cause if the appellate
division has decided that the petitioner may have shown
that the trial court made a legal error that needs to be
fixed. An “alternative writ” is an order telling the trial
court either to do what the petitioner has requested in the
petition (or some modified form of what the petitioner
requested) or to show the appellate division why the trial
court should not be ordered to do what the petitioner
requested. An “order to show cause” is similar; it is an
order telling the trial court to show the appellate division
why the trial court should not be ordered to do what the
petitioner requested in the petition (or some modified
form of what the petitioner requested).
If the appellate division issues an alternative writ and the
trial court does what the petitioner requested (or a
modified form of what the petitioner requested as
ordered by the appellate division), then no further action
by the appellate division is needed and the appellate
division may dismiss the petition. If the trial court does
not comply with an alternative writ, however, or if the
appellate division issues an order to show cause, then the
respondent court or the real party in interest may serve
and file a response to the appellate division’s order,
called a “return.”
A return is your argument to the appellate division about
why the trial court should not be ordered to do what the
petitioner has requested. If you are represented by a
lawyer in the writ proceeding, your lawyer will prepare
your return. If you are not represented by a lawyer, you
will need to prepare your own return. A return is usually
a legal response called an “answer.” An answer is used
to admit or deny the facts alleged in the petition, to add
to or correct the facts, and to explain any legal defenses
to the legal arguments made by the petitioner. You
should read California Code of Civil Procedure sections
430.10–430.80 for more information about answers. You
can get copies of these statutes at any county law library
or online at leginfo.legislature.ca.gov/faces/codes.xhtml.
A return can also include additional supporting
documents not already filed by the petitioner.
If you do not file a return when the appellate division
issues an alternative writ or order to show cause, it does
not mean that the appellate division is required to issue
the writ requested by the petitioner. However, the
appellate division will treat the facts stated by the
petitioner in the petition as true, which makes it more
likely the appellate division will issue the requested writ.
Unless the appellate division sets a different filing
deadline in its alternative writ or order to show cause,
you must serve and file your return within 30 days after
the appellate division issues the alternative writ or order
to show cause. The return must be served on all the other
parties to the writ proceeding. “Serving and filing” the
return means that you must:
Have somebody over 18 years old mail, deliver, or
electronically send (“serve”) the return to the other
parties in the way required by law. If the return is
mailed or personally delivered, it must be by
someone who is not a party to the case—so not you.
Make a record that the return has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) or Proof of
Electronic Service (Appellate Division) (form APP-
109E) can be used to make this record. The proof of
service must show who served the return, who was
served with the return, how the return was served
(by mail, in person, or electronically), and the date
the return was served.
File the original return and the proof of service with
the appellate division. You should make a copy of
the return you are planning to file for your own
records before you file it with the court. It is a good
idea to bring or mail an extra copy of the return to
the clerk when you file your original and ask the
clerk to stamp this copy to show that the original has
been filed.
You can get more information about how to serve court
documents and proof of service from What Is Proof of
Service? (form APP-109-INFO) and on the California
APP-150-INFO, Page 11 of 12

Rev. January 1, 2024, Optional Form
Information on Writ Proceedings in
Misdemeanor, Infraction, and Limited Civil Cases
APP-150-INFO Information on Writ Proceedings in Misdemeanor,
Infraction, and Limited Civil Cases
Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
22 I have received a copy of a notice from
the appellate division indicating it is
considering issuing a peremptory writ
in the first instance. Do I need to do
anything?
Yes. You should serve and file a response called an
“opposition.”
As explained in the answer to question 18 , a “peremp-
tory writ in the first instance” is an order telling the trial
court to do what the petitioner has requested (or some
form of what the petitioner requested as ordered by the
appellate division) that is issued without the appellate
division first issuing an alternative writ or order to show
cause. The appellate division will not issue a peremptory
writ in the first instance without first giving the parties
notice and a chance to file an opposition. However,
when the appellate division issues such a notice, it
means that the appellate division is strongly considering
granting the writ requested by the petitioner.
An opposition is your argument to the appellate division
about why the trial court should not be ordered to do
what the petitioner has requested. If you are represented
by a lawyer in the writ proceeding, your lawyer will
prepare your opposition. If you are not represented by a
lawyer, you will need to prepare your own opposition.
Like a return discussed above, an opposition is usually a
legal response called an “answer.” An answer is used to
admit or deny the facts alleged in the petition, to add to
or correct the facts, and to explain any legal defenses to
the legal arguments made by the petitioner. You should
read California Code of Civil Procedure sections
430.10–430.80 for more information about answers. You
can get copies of these statutes at any county law library
or online at leginfo.legislature.ca.gov/faces/codes.xhtml.
Unless the appellate division sets a different deadline in
its notice that it is considering issuing a peremptory writ,
you must serve and file your opposition within 30 days
after the appellate division issues the notice. The
opposition must be served on all the other parties to the
writ proceeding. “Serving and filing” the opposition
means that you must:
Have somebody over 18 years old mail, deliver, or
electronically send (“serve”) the opposition to the
other parties in the way required by law. If the
opposition is mailed or personally delivered, it must
be by someone who is not a party to the case—so
not you.
Make a record that the opposition has been served.
This record is called a “proof of service.” Proof of
Service (Appellate Division) (form APP-109) or
Proof of Electronic Service (Appellate Division)
(form APP-109E) can be used to make this record.
The proof of service must show who served the
opposition, who was served with the opposition,
how the opposition was served (by mail, in person,
or electronically), and the date the opposition was
served.
File the original opposition and the proof of service
with the appellate division. You should make a copy
of the opposition you are planning to file for your
own records before you file it with the court. It is a
good idea to bring or mail an extra copy of the
opposition to the clerk when you file your original,
and ask the clerk to stamp this copy to show that the
original has been filed.
You can get more information about how to serve court
documents and proof of service from What Is Proof of
Service? (form APP-109-INFO) and on the California
Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.
23 What happens after I serve and file my
return or opposition?
After you file a return or opposition, the petitioner has
15 days to serve and file a reply. The appellate division
may also set the matter for oral argument. When all the
papers have been filed (or the time to file them has
passed) and oral argument is completed, the appellate
division will decide the case.
APP-150-INFO, Page 12 of 12

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#1

Form ID: APP-150-INFO Title: Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/APP-150-INFO Primary Download URL: https://www.courts.ca.gov/documents/app150info.pdf Form Detail Page:…
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see rule 8.824 of the California Rules of Court. This information sheet applies to writs relating to postjudgment enforcement actions of the small claims division. For information about writs relating to other actions by the small claims division, see rules 8.930 -8.936 of the California Rules of Court and Peti…
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Misdemeanor, Infraction, and Limited Civil Cases APP-150-INFO Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases 4 Is a writ proceeding the same as an appeal? No. In an appeal, the appellate division must consider the parties’ arguments and decide whether the trial court made th…
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only address the following types of legal errors made by a trial court: The trial court has a legal duty to act but: Refuses to act; Has not done what the law says it must do; or Has acted in a way the law says it does not have the power to act. The trial court has performed or says it is going to perform a ju…
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/codes.xhtml. You will need to check whether there is a statute providing that the specific ruling you want to challenge can or must be reviewed using a writ proceeding. (Note that just because there is a statute requiring or allowing you to ask for a writ to challenge a ruling does not mean that the court must g…
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The appellate division does NOT have jurisdiction to consider requests for writs in either unlimited civil cases (civil cases in which the amount claimed is more than $35,000) or felony cases (cases in which a person has been charged with or convicted of a crime for which the punishment can include time in state …
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This part of the information sheet is written for the petitioner—the party asking for the writ. It explains some of the rules and procedures relating to asking for a writ. The information may also be helpful to a real party in interest. There is more information for a real party in interest starting on page 10 of…
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misdemeanor or infraction case—asks for a writ challenging a ruling in that case. If you were a party in the trial court case, say that in your petition. If you were not a party, you will need to describe what “beneficial interest” you have in the trial court’s ruling. A “beneficial interest” means that you have …
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explaining to the appellate division why you need the writ you have requested. Remember, the appellate division does not have to grant your petition just because the trial court made an error. You must convince the appellate division that it is important for it to issue the writ. Your petition needs to show that…
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or must use an appeal or a writ petition to challenge the type of ruling you want to challenge in your case. If the ruling can be appealed, you will need to show that an appeal will not fix the trial court’s error. If the trial court ruling you want to challenge can be appealed, you will need to show the appellat…
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is a place for you to verify your petition. 13 Is there anything else that I need to serve and file with my petition? Yes. Along with the petition, you must serve and file a record of what happened in the trial court (see below for an explanation of how to serve and file the petition). Since the appellate divisi…
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statement signed by the petitioner under penalty of perjury) either: Explaining why the transcript or official electronic recording is not available and providing a fair summary of the proceedings, including the petitioner’s arguments and any statement by the court supporting its ruling; or APP-150-INFO, Page 6…
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Procedure section 170.3(d)) 10 days after notice to the parties of the decision Writ challenging the denial of a motion for summary judgment (see California Code of Civil Procedure section 437c(m)(l)) 20 days after service of written notice of entry of the order Writ challenging a ruling on a motion for s…
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petition, who was served with the petition, how the petition was served (by mail, in person, or electronically), and the date the petition was served. You can get more information about how to serve court documents and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Cour…
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c. Issue an alternative writ or order to show cause d. Notify the parties that it is considering issuing a preemptory writ in the first instance e. Issue a peremptory writ in the first instance if such relief was expressly requested in the petition. Read below for more information about these options. a. Stay of…
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ordered by the appellate division), then no further action by the appellate division is needed and the appellate division may dismiss the petition. If the trial court does not comply with an alternative writ, however, or if the appellate division issues an order to show cause, then the respondent court or a real …
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filed (or the time to serve and file them has passed) and oral argument is completed, the appellate division will decide the case. 19 What should I do if the court denies my petition? If the court denies your petition, it may be helpful to talk to a lawyer. In a limited civil or infraction case, you must hire a…
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yourself in a writ proceeding in the appellate division. But writ proceedings can be very complicated and you will have to follow the same rules that lawyers have to follow. If you have any questions about writ proceedings or about whether and how you should respond to a writ petition, you should talk to a lawyer…
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record. The proof of service must show who served the preliminary opposition, who was served with the preliminary opposition, how the preliminary opposition was served (by mail, in person, or electronically), and the date the preliminary opposition was served. File the original preliminary opposition and the pr…
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by the appellate division is needed and the appellate division may dismiss the petition. If the trial court does not comply with an alternative writ, however, or if the appellate division issues an order to show cause, then the respondent court or the real party in interest may serve and file a response to the ap…
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Electronic Service (Appellate Division) (form APP- 109E) can be used to make this record. The proof of service must show who served the return, who was served with the return, how the return was served (by mail, in person, or electronically), and the date the return was served. File the original return and the p…
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legal response called an “answer.” An answer is used to admit or deny the facts alleged in the petition, to add to or correct the facts, and to explain any legal defenses to the legal arguments made by the petitioner. You should read California Code of Civil Procedure sections 430.10–430.80 for more information a…
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passed) and oral argument is completed, the appellate division will decide the case. APP-150-INFO, Page 12 of 12

APP-150-INFO - Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases

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