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Appellate Practice

Feb. 27, 2010

Mysteries Of the Writ

Myron Moskovitz of Golden Gate University concludes his series on petitions for writ by offering tips on how to make your petition stand out from the rest.

Myron Moskovitz

Legal Director Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

There are some features that might make your petition stick out from the tall stack of petitions facing the appellate justice, and give you a reasonable chance of success if you have the facts supporting one or more of these features:

Show a need for immediate relief. Demonstrate that the normal "remedy at law" (winning on appeal) will not do the trick for your client, because an appeal is too slow. Often appellate judges hope that a difficult issue will evaporate, so they won't ha...

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