Q: Are you required to file Any other motions or an opening brief prior to your scheduled writ of mandate hearing?
I have filed a petition for writ of mandate (pro per) and The opposing party has sent a response. I'm trying to figure out what to do next. I know that I have to schedule a hearing date. But what I'm not sure of is if there was something else I needed to do next? Is my petition for writ of mandate considered my opening brief or is there something else I am required to prepare? Some of the instructions are not that clear. I read something that said something about a motion being prepared 45 days prior to my scheduled hearing. But I'm not sure if that means make sure my petition for writ was filed 45 days before I schedule a hearing or if there is something else. Any help/advice would be appreciated. Thank you
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A:
When preparing for a writ of mandate hearing in California, after filing your petition, the next steps generally include responding to any opposition filed by the other party. If you received a response, you might need to file a reply brief to address their arguments. This is not the same as your petition; it's a separate document focusing on rebutting the opposition's points.
Your petition for writ of mandate typically serves as your opening brief, outlining your arguments and the legal basis for your request. However, depending on local court rules or specific instructions, you might be required to file additional briefs or motions. It's important to verify these requirements by consulting the local rules of the court where your case is filed or seeking guidance from court staff.
Regarding the 45-day reference, it usually pertains to ensuring all filings, including your petition and any additional motions or briefs, are completed at least 45 days before the hearing date. This ensures that the court and the opposing party have adequate time to review all documents. Make sure to double-check these deadlines to avoid any procedural issues.
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