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Appellate Practice

Jul. 8, 2004

Exhaust All Measures Before Filing Petition for Writ Relief

Focus Column - Appellate Law - By Paul D. Fogel and Benjamin G. Shatz - Given their limited resources, today's appellate courts understandably are reluctant to turn their attention away from deciding appeals to consider writ petitions.

Paul D. Fogel

Judge (retired) Reed Smith LLP

Appellate Law

101 2nd St Ste 1800
San Francisco , CA 94105

Phone: (415) 659-5929

Fax: (415) 391-8269

Email: pfogel@reedsmith.com

UCLA SOL; Los Angeles CA

Paul D. Fogel is a partner in Reed Smith LLP's Appellate Group, and served as the group's leader from 2012 to 2015

Benjamin G. Shatz

Partner Manatt, Phelps & Phillips LLP

Appellate Law (Certified), Litigation

Email: bshatz@manatt.com

Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.

Given their limited resources, today's appellate courts understandably are reluctant to turn their attention away from deciding appeals to consider writ petitions. After all, writ relief is an extraordinary remedy that courts seldom grant, and giving plenary consideration to writ petitions allows parties to jump to the head of the appellate waiting line, often pushing aside those who have patiently been waiting their turn for review.

These factors, along with the discretionary natu...

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