A writ is a document that is sometimes used when an appeal is no longer possible, such as when an appeal has already been made to the higher court. The case can’t be appealed to the same higher court multiple times, but writs can be used numerous times, giving defendants some legal options without having to appeal to the next ruling body. A few reasons that a writ may be used include the following:
1. When there is urgency for some reason and a decision must be made.
2. If an error or injustice did happen, but the defense did not object in a timely manner. The writ then allows the error to be considered despite the lack of a timely objection.
3. When immediate relief is needed to put a stop to things like injustice or mounting expenses. The writ can be used when it is taking too long for the trial court to reach a final judgement.
4. If the attorney in the case did not look into a possible defense and the defendant would still like to use that defense to make sure that justice is served.
5. When a defendant already decided to ask for an appeal, and he or she was not successful. In these cases, though, it’s important to note that the writ should be produced based on a different argument. If the grounds are identical to the ones that lost the appeal, it’s seen as frivolous and will be thrown out.
Creating a successful writ is complicated and a high-level understand of the law is needed, but it does give you one more potential tool to be used in a Missouri court.
Source: FindLaw, “Writs,” accessed July 08, 2016
