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Writ Petitions Are Won or Lost in the First Paragraph
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When you have a legal emergency and you need the Court of Appeal to act right away, you need writ relief. But less than 10% of writ petitions are granted. So how do you get the court’s attention?
Justice David Thompson spent more time on his court’s writ panel over the last decade than anyone, and here is his advice:
You have to demonstrate why your case is writ-worthy in the first paragraph.
The first paragraph.
And the big thing you have to explain is: You are going to get a chance to appeal at the end of the case—why isn’t that enough? Why do you get to jump the line?
Also consider highlighting an interesting legal issue: some justices may be inclined to grant writ review to write on an issue they find interesting (though Justice Thompson does not endorse this school of thought).
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Justice David Thompson spent more time on his court’s writ panel over the last decade than anyone, and here is his advice:
You have to demonstrate why your case is writ-worthy in the first paragraph.
The first paragraph.
And the big thing you have to explain is: You are going to get a chance to appeal at the end of the case—why isn’t that enough? Why do you get to jump the line?
Also consider highlighting an interesting legal issue: some justices may be inclined to grant writ review to write on an issue they find interesting (though Justice Thompson does not endorse this school of thought).
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