Legal Question in Civil Litigation in California

Can you challenge/appeal a law and motion ruling/order that is part of a main civil case? If yes, what is the procedure and how long do you have to file? And do you have to wait until the order is entered before appealing it?


Asked on 2/16/12, 5:36 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Most orders are not appealable, but some are. Most non-appealable orders can be challenged in the Court of Appeal by petitioning for a writ of mandate or prohibition. It is often wiser to challenge the order -- whether it's appealable or not -- in the trial court first, especially if you didn't make a very good record the first time around.

Writ petitions are seldom granted, so think carefully before you go to the time, effort and expense of bringing one. Such petitions ask the Court of Appeal to intervene much earlier in a case than it normally would, essentially letting the petitioner jump ahead of other litigants who are waiting patiently for their turn. To prevail you will need to show, among other things, that you are facing serious harm caused by the challenged order and that you have no other adequate remedy available to you.

You sensibly ask about time limits. That seems like it should be an easy question to answer, but it isn't. Different deadlines apply under different situations, and it is often hard for a non-expert to know which one he or she must meet. It can also be hard to know when the clock starts ticking. You should consult with an expert if you are serious about doing this.

Please feel free to contact me if you want to discuss your situation. I am certified (by the State Bar of California's Board of Legal Specialization) as an appellate specialist, and I have many years of experience in the field.

Read more
Answered on 2/16/12, 7:09 pm
Anthony Roach Law Office of Anthony A. Roach

It is going to depend on what the order is. As Mr. Hoffman points out, many interim rulings are not appealable, but some are. You may want to repost with the specifics, or send me a private e-mail to tell you whether it is appealable or not.

Read more
Answered on 2/19/12, 11:04 am


Related Questions & Answers

More General Civil Litigation questions and answers in California