|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.