Legal Question in Appeals and Writs in California

Re: Court error?

In a jury trial, the order of proceeding is specified in section 607 of the Code of Civil Procedure. Judges sometimes try to play around with that order of proceeding, and to get the parties to go along voluntarily. Be careful of that--take a look at the decision in the case of John Norton Farms v. Todagco, 124 Cal.App.3d 149 and Panico v. Truck Ins. Exch., 90 Cal.App.4th 1294.

Re: Court error?

I'm not quite sure what you are asking, since you talk about a trial but use the terms "Petitioner" and "Respondent", which do not apply in trials. "Petitioner" is the party seeking a writ, while "respondent" is the party opposing an appeal.

At any rate, the party seeking relief from the court gets to go first. In a trial, the plaintiff puts on her case first, then the defendant. On appeal, the appellant (who may have been either the plaintiff or the defendant at the trial court) goes first and the respondent second. On writ proceedings, the petitioner goes first and the real party in interest second.

At pre-trial motions, the party who filed the motion -- whether the plaintiff or the defendant -- normally argues first. However, the court has the right to ask the opposing party to go first and often will if the moving party's position is clearly explained in the papers.

Re: Court error?

At trial, generally the plaintiff goes first and then defendant. However, under Evidence Code 320, "Except as otherwise provided by law, the court in its discretion shall regulate the order of proof."

Hope this helps.