LUNCHTIME LEARNING CLE SPOTLIGHT: The CCBA is hosting a special presentation of “Five Things to Know When Contemplating a Writ Petition” featuring Chelsea Latino as a live webcast FREE for current CCBA members only on 1/29/2025.
By Chelsea Latino
Petitions for writs of mandamus, prohibition, and certiorari are called “extraordinary” because they are issued outside the ordinary course of a case and only in limited circumstances. The petitioner carries the burden of convincing the court that immediate intervention and extraordinary relief are warranted.
1. Select the correct writ
Know the difference between the three types of writs – mandamus, prohibition, and certiorari. Each serves a different purpose and is proper only in specific circumstances.
2. Before petitioning for appellate court review
Seek relief in the district court before petitioning the appellate court for writ relief. Only in the most unusual or significant cases may an appellate court be willing to entertain a writ petition without prior district court action. Writs share characteristics of an appeal because the appellate court is asked to review the actions of a lower tribunal. As in an appeal, the petitioner should preserve all issues for review by giving the lower court an opportunity to consider them. Appellate courts may entertain writ petitions only when a petitioner does not have a plain, speedy, and adequate remedy in the ordinary course of the law. Appellate courts rarely entertain writ petitions involving matters reviewable on appeal from a final judgment.
3. Persuading an appellate court to review
Seek writ relief as soon as possible after receiving the order sought to be challenged. Provide a common-sense explanation why urgency exists, as well as why the issue is unique and should not wait until a final judgment. Cite decisional authority where extraordinary relief was granted in analogous situations.
4. Which cases warrant writ relief
Writ relief may be warranted in cases presenting a substantial issue of general importance, a dispositive issue of first impression, or an important issue of law that requires clarification, particularly if extraordinary relief would serve the interests of judicial economy or a party will suffer serious and irreparable harm absent intervention. Writ relief generally is not warranted in cases where the issue is reviewable via an immediate appeal or an appeal after final judgment, and where the requested relief would not dispose of the entire underlying action.
5. Impact on appellate process
The filing of a writ petition does not affect the time for filing an appeal. Practitioners should file a notice of appeal when the challenged ruling is appealable-even if writ relief may be appropriate-because the availability of an appeal generally precludes writ relief. Critically evaluate the ruling from which you seek writ relief to ensure it is not independently appealable. If the petition for extraordinary relief is denied, the time for filing a notice of appeal will likely have expired, and the petitioning party will lose the opportunity for appellate review.
About the author
Chelsea Latino is a partner in the Appellate, Commercial & Complex Litigation, and Employment & Labor Law Practice groups at McDonald Carano. She is vice-chair of the Employment & Labor Law Practice. Chelsea also serves as a member at large on the Executive Committee of the state bar’s Appellate Litigation Section.
About the article
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This article was originally published in the Communiqué (Jan. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-jan-2025/.
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