Sample motion for reconsideration in california

#Sample motion for reconsideration in california trial#

Probably, Petitions raising new or novel legal issues, which are also likely to arise in other future cases, are more likely to be successful. While there are no published statistics on how often discretionary Writ Petitions are granted, or decided on the merits of the legal arguments raised, it is probably quite low in percentage terms.

Certain other orders, rulings or decisionsДЄs noted, Writ Applications to the Court of Appeal (or the Supreme Court) are usually вЂњdiscretionaryвЂќ which means that - unlike a direct appeal from a final judgment - the Court of Appeal does not have to decide the Merits of the Writ Petition, Petition or Application at all, and may simply deny the relief requested, without any explanation of its reasoning, without stating any basis whatsoever.Certain administrative agency decisions.Grant or Denial of a Motion to Vacate a Lis Pendens.Orders of the Court or a government administrative agency where review by an Application for a Writ is the exclusive means allowed by law for reviewing a particular action or decision of the Court.Д®xamples of some of these types of situations are:

#Sample motion for reconsideration in california trial#

Examples of this kind of Writ Application include applications to review grants of demurrers, judgment on the pleadings, discovery orders, etc where an appeal at the end of the case might not be an effective remedy due to ensuing prejudice which could result in the interim, or where an entirely new trial might be needed if the error is not corrected before trial, etc. Writ Petitions or Applications fall into a least two general categories:ДЄn Application for an Interlocutory Writ, while the case is still pending in the Superior Court before entry of a final judgment or order in the case, to try to correct or limit a CourtвЂ™s orders or ruling in the case, other than a final Order or Judgment. Errors by a Superior Court Judge or Jury can be challenged in one of two general ways:Д«y an Appeal to the Court of Appeal of a Final judgment or Final order of a Superior Court, as a matter of right.Д«y Application or Petition to the Court of Appeal for a discretionary Writ of Review, Mandamus, Prohibition, or the like.