§ 904.3.Judgment of Appellate Division Granting Or Denying Petition For Issuance of Writ of Mandamus Or Prohibition
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 2007 · no amendments on record · Last verified July 28, 2026
Full Text of § 904.3
Plain-English Summary
This section closes off one specific appellate path while leaving a narrower one open. When the appellate division of a superior court rules on a petition for a writ of mandamus or prohibition aimed at the superior court itself, or a judge of it, in a limited civil case or a misdemeanor or infraction case, that ruling cannot be appealed as of right — no appeal shall be taken from it.
What remains available is discretionary: an appellate court may, in its own discretion, review that judgment upon a petition for an extraordinary writ. The difference matters procedurally. An appeal as of right must generally be heard on the merits once properly taken; a petition for extraordinary writ review can be denied without explanation, leaving the appellate division's ruling on the writ petition standing.
Frequently Asked Questions
Can a party directly appeal the appellate division's ruling on a writ petition in a limited civil case?
No. Section 904.3 bars any appeal from such a judgment.
Is there any way to get further review of that ruling?
Yes, an appellate court may, in its discretion, review the judgment on a petition for an extraordinary writ, though the court isn't required to grant review.
What kinds of cases does this section cover?
Limited civil cases and misdemeanor or infraction cases, specifically judgments of the appellate division granting or denying a petition for a writ of mandamus or prohibition directed to the superior court or a judge of it.
Amendment History
Added by Stats 2007 ch 43 (SB 649),s 11, eff. 1/1/2008.