Legal Question in Appeals and Writs in California

What is the statute/rule from the 9th circuit regarding the time limit to file

After protracted litigation in a criminal tax case, (trial set for end of November of this year) we have decided to writ some issues that will not be correctable on appeal if there is a conviction due to fraud on the court, prosecutorial misconduct and a first impression issue on a matter of law that needs to be decided by a court and not a jury. I cannot for the life of me find out if there is any statue of limitations on the filing of a writ, i.e., our last motions for reconsideration were just heard on July 21, 2005. I called the 9th circuit clerk, and was told they thought we had either 10 or 14 days to file (yikes) and cited FRAP 21, but nothing in the rule tells us if there is a time limit. Any writ experts out there that can help out?


Asked on 7/24/05, 2:09 pm

3 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: What is the statute/rule from the 9th circuit regarding the time limit to f

According to the Rutter treatise, there is no specific "date" - you just must act promptly. Consider seeking a stay in the district court at the same time, since writs are not just instantly decided. If the district court says no, you then seek the stay in the appellate court where the writ is pending. I would not wait more than 30 days, by analogy to California law where the general rule is the time to take an appeal is the outside limit on the time to file a petition for extraordinary relief.

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Answered on 7/25/05, 1:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What is the statute/rule from the 9th circuit regarding the time limit to f

Different types of writs have different time limits. Call me directly at (619) 222-3504.

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Answered on 7/25/05, 2:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: What is the statute/rule from the 9th circuit regarding the time limit to f

You can find the Federal Rules of Appellate Procedure with the 9th Circuit local rules at www.ca9.uscourts.gov. I'm not sure there is a specific rule regarding the time for filing a writ of mandamus. The best source of this information would be "9th Circuit Civil Appellate Practice" by The Rutter Group, available at better law libraries such as the Orange County Law Library in Santa Ana.

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Answered on 7/24/05, 3:04 pm


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