What is the difference between a discretionary appeal and a mandamus petition?

Appellate law in Washington deals with legal appeals. There are two types of appeals: discretionary appeals and mandamus petitions. A discretionary appeal is when an appellate court reviews a decision from a lower court and decides whether to hear the case. Appellate courts have the discretion as to whether to accept the appeal. This is a common type of appeal and is often seen in criminal cases. A mandamus petition is an alternative to a discretionary appeal. This type of petition asks an appellate court to order a government or institution to perform an official duty. It is more common when the lower court’s ruling affects a person’s rights and an institution’s duties. The main difference between a discretionary appeal and a mandamus petition is the actions of the appellate court. In a discretionary appeal, the appellate court decides whether to hear the case, while in a mandamus petition, the appellate court orders the government or institution to take action.

Related FAQs

What is the cost of filing an appeal?
What is the process for filing a petition for rehearing?
What is the process for obtaining an appellate court’s review of a jury verdict?
What is the role of an appellate court in a criminal case?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the process for obtaining an order of remand from an appellate court?
How do I access the appellate court records?
How do I request a change of venue in an appeal?
Is oral argument available at the appellate level?
What is the difference between an oral argument and a brief on appeal?

What is the difference between a discretionary appeal and a mandamus petition?

Related FAQs

Related Blog Posts