A writ petition is a formal written order issued by a body with administrative or judicial jurisdiction, generally a court. It is an order from a superior court to a lower court, often as the result of a petition. Unlike appeals, writ petitions do not have to be reviewed but are at the discretion of the superior court. Writs are generally reserved for situations where there is no other legal recourse or the delay of waiting for an appeal will cause severe hardship.

Writs are usually denied when there is an adequate remedy at law. The decision whether to petition for a writ must be made quickly, and timing to file a writ petition can vary depending on the case. Filing a writ petition can be a complicated process as you must convince the superior court that your petition is justified and that what you’re requesting is significant enough to warrant their attention.

Common types of writs include warrants, prerogative writs, subpoenas, and certiorari. Writs of mandate are issued to correct an abuse of discretion or to compel the performance of a lower court for a nondiscretionary duty to act, while writs of prohibition are issued to prevent a threatened judicial act in excess of a court’s jurisdiction.

In summary, a writ petition is a formal written order issued by a body with administrative or judicial jurisdiction, generally a court, and is an order from a superior court to a lower court, often as the result of a petition. Writs are generally reserved for situations where there is no other legal recourse or the delay of waiting for an appeal will cause severe hardship.