Differences between a "writ" and an "appeal."

If your order is one from which an appeal can be taken, then the only remedy is appeal, and the Notice of Appeal must be filed within short time limits.

In some cases you do not do an "appeal," you file a writ. Unlike the appeal, the writ is based on the documents you choose to attach. This CAN INCLUDE MATTERS NOT "ON THE RECORD." You attach the evidence, which can include papers filed with the court, to the writ. Some writs have a specific deadline set by statute, and others are "common law" writs, for which there is no specific deadline, but if you file them more than 60 days after the problematic order/judgment, you need a good reason for the delay.

In general, a writ proceeds more rapidly than an appeal, but the appellate court will not grant a writ just because you want a fast outcome. You have to show that you have "no adequate remedy at law," that is, that for some major reason appeal is inadequate. In general, merely having to pay money, or "merely" having your child in the custody of the wrong parent does not amount to a showing that appeal is an inadequate remedy, even if it will take a year or two. If you can appeal, then you must appeal.

Thus, the first question in an appeal (aside from when the Notice of Appeal is due) is: Do you have an "appealable" order/judgment? To answer that question, you probably need a consultation with an appellate attorney. To arrange a consultation with Robin Yeamans please call (408) 867-8137.