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In California, writs of mandate are usually issued first in the alternative and then, if the filing party prevails, as a peremptory writ. However, in certain cases, the court of appeal or Supreme Court may grant a 'peremptory writ in the first instance', granting the requested relief immediately.
Appellate review of the decisions of the Agricultural Labor Relations Board, [37] the Public Utilities Commission, [38] and the Workers Compensation Appeals Board of the Department of Industrial Relations [39] is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
So the California courts allow a defendant represented by court-appointed counsel to directly communicate with the trial judge in the context of a Marsden motion, and only in such a context. A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney ...
In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
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An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
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