Most litigators know the value of an appeal. The case is over and the trial court has entered judgment, but the results are unsatisfying. Perhaps there was an erroneous jury instruction or some vital piece of evidence was improperly precluded that caused the case to be lost. Whatever the circumstances, final judgment has been entered and the decision is to live with the consequences or take up an appeal.
But what happens if there is an unfavorable ruling in the middle of the case? As opposed to an appeal, a writ is an opportunity to right a wrong before judgment and with enough time to alter the course of litigation.
February 16, 2021