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Relief From Pre-Judgment Losses?




by:
Laurie Hepler
Carroll, Burdick & McDonough LLP - San Francisco Office

 
March 6, 2014

Previously published on February 2014

Some pre-judgment orders are reviewable in different ways: (1) by emergency writ petition, or (2) by appeal -- either immediate (such as for an order disqualifying counsel) or from the final judgment (e.g. orders denying a party's demand for jury trial).

Criteria for this strategic decision include the following and more:

  • An appeal is typically slower, but you have a right to be there.
  • A writ petition usually moves faster, but the Court of Appeal can decline to entertain it at all, or skip oral argument if it does.
  • The right approach may be to file both, but they must be coordinated.
  • And either approach may or may not bring a stay of ongoing trial court proceedings -- a crucial issue in many situations.

The practical message: The potential need to litigate in the Court of Appeal can arise quickly and evoke a host of specialized considerations. If you face a pre-judgment loss (or your opponent does), make sure you understand the options before diving in.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Laurie Hepler
Practice Area
 
Appellate Practice
 
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