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Appeals & extraordinary writs · a pro-se ladder

If you lost and want to keep fighting, there is an order you have to climb — trial loss → appeal → reconsideration → state post-conviction → discretionary review → the Supreme Court → federal habeas → the extraordinary writs (mandamus and its cousins). Take them out of order and you can permanently burn a later option. Pick your jurisdiction, then walk the ladder. This is legal information and a fill-in-the-blank tool — not legal advice.

1 · Your jurisdiction

State, DC, or federal — and the court level. This drives which deadlines and rules apply.

The exhaustion ladder — climb it in order

✓ a step you have marked done · ⚠ a gated step whose earlier rungs are not marked done · steps are numbered in the order you must climb them.

1 Direct appeal
The direct appeal is the ordinary, first-as-of-right challenge to a final judgment. You ask a higher court to review the trial record for legal error — you generally do NOT get to add new evidence. It is the base of the ladder: almost everything above it assumes you took, or gave up, this step first.
Open this step →
2 Motion for reconsideration / new trial
A motion asking the SAME court that ruled to reconsider — for legal error, or a new trial (in a criminal case, often on newly discovered evidence). It is filed back in the trial court, not up the ladder.
Open this step →
3 State post-conviction / state habeas ⚠
A separate (collateral) proceeding in state court to raise things a direct appeal could not — most often ineffective assistance of counsel, newly discovered evidence, or a constitutional violation that lives outside the trial record. Every state has its own vehicle (post-conviction relief, a state habeas petition, a "coram nobis"-style motion, etc.).
Open this step →
4 Discretionary review (state supreme court) ⚠
After an intermediate appellate court rules, you ask the state’s highest court to review it. In most states this is DISCRETIONARY — the court chooses whether to take the case (a petition for review / petition for discretionary review), it is not an appeal of right.
Open this step →
5 Certiorari to the U.S. Supreme Court ⚠
A petition for a writ of certiorari asks the U.S. Supreme Court to review a final judgment of a state court of last resort (on a federal question) or a U.S. Court of Appeals. It is almost entirely discretionary — the Court grants a tiny fraction of petitions.
Open this step →
6 Federal habeas corpus (§ 2254 / § 2255) exhaust first✓
A collateral attack in FEDERAL court on a conviction or sentence that violates the U.S. Constitution or federal law. State prisoners use 28 U.S.C. § 2254; federal prisoners use a § 2255 motion in the sentencing court. It is not a second appeal — the review is narrow and deferential to the state courts.
Open this step →
7 Writ of mandamus (§ 1361 / All Writs Act / state) last resort⚠
An extraordinary writ ordering a government officer, court, or agency to perform a clear, non-discretionary DUTY it is refusing to do (or, in aid of jurisdiction, to stop exceeding its authority). In federal district court it rests on 28 U.S.C. § 1361; appellate mandamus rests on the All Writs Act, 28 U.S.C. § 1651. To compel a federal AGENCY specifically, the everyday vehicle is the APA: 5 U.S.C. § 706(1) lets a court "compel agency action unlawfully withheld or unreasonably delayed."
Open this step →
8 Writ of coram nobis ⚠
An ancient writ to correct a fundamental error in a case where the sentence has already been served, so habeas (which requires being "in custody") is unavailable — for example, to clear a conviction still causing collateral consequences. In federal court it is recognized under the All Writs Act: United States v. Morgan, 346 U.S. 502 (1954).
Open this step →
8 Writ of prohibition ⚠
Mandamus’s mirror image: instead of ordering a lower court/official to ACT, prohibition orders it to STOP — to refrain from exceeding its jurisdiction or authority. Like mandamus it is an extraordinary writ under the All Writs Act (or a state equivalent).
Open this step →
8 Writ of quo warranto
A special writ challenging a person’s RIGHT to hold a public office or exercise a public franchise — "by what authority?" It is usually brought by a government attorney (an Attorney General or, federally, the U.S. Attorney), not a private individual, and it stands apart from the appeal/habeas ladder rather than on top of it.
Open this step →

✓ Mark “Direct appeal” as done (unlock the next rung)

Direct appeal

What this is

The direct appeal is the ordinary, first-as-of-right challenge to a final judgment. You ask a higher court to review the trial record for legal error — you generally do NOT get to add new evidence. It is the base of the ladder: almost everything above it assumes you took, or gave up, this step first.

Where it sits in the ladder

This is rung one. In most states a trial loss goes to an intermediate appellate court; a few states send it straight to the state supreme court. In a federal case it goes to your U.S. Court of Appeals (the circuit).

What "burning" this option means

The notice of appeal has a short, hard deadline (often ~30 days). Miss it and you can lose the right to a direct appeal entirely — the single most common way people "burn" their whole ladder before they start.

Who the respondents are

On appeal the other side (the appellee/respondent) is whoever won below — in a criminal case, "the People"/"the State"/"the United States," represented by the prosecutor or your state Attorney General. Serve every party per the certificate of service.

Deadlines that can end the option

Notice of appeal Federal: 30 days after entry of judgment in a civil case (60 days if the U.S. is a party); 14 days in a criminal case. Fed. R. App. P. 4
Notice of appeal (state) State deadlines VARY — commonly ~30 days, but confirm your state’s Rule of Appellate Procedure. This is the most-missed deadline in pro-se practice. — confirm in your state’s rules

Generate: Appellate brief — required fields

This is a fill-in-the-blank scaffold of the sections your document needs. It is AI-generated structure, not a completed filing and not legal advice — fill each field with your own case’s facts, or take it to an attorney or your court’s self-help center.

Court
The full name of the court you are filing in (e.g. "United States Court of Appeals for the Ninth Circuit").
Parties
Who is who on appeal — Appellant/Petitioner vs. Appellee/Respondent (name the party bringing the challenge first).
Case / docket number
The lower court’s case number, and the new appellate number once assigned.
Caption
The formatted heading block: court, parties, case number, and the title of the document.
Table of contents & table of authorities
A list of the sections and every case/statute cited, with page numbers.
Jurisdictional statement
The basis for the trial court’s jurisdiction, the appellate court’s jurisdiction, and the timeliness of the appeal.
Questions / issues presented
Each legal question the court must decide, stated concisely and neutrally.
Statement of the case
The procedural history — what happened below and how the case got here.
Statement of facts
The relevant facts, each with a citation to the record (transcript/exhibit page).
Standard of review
How the appellate court reviews each issue (de novo, abuse of discretion, clear error, etc.).
Summary of argument
A short preview of your argument before the full argument.
Argument
Your legal argument, organized by issue, each anchored to authority and the record.
Relief requested (conclusion / prayer)
Exactly what you want the court to do — reverse, vacate, remand, render.
Certificate of compliance
A signed statement that the brief meets the length/format limits (word or page count, font).
Certificate of service
A signed statement of the date and manner you served every other party with a copy.

Format & length rules

  • Federal principal brief: 13,000-word limit; 14-point proportional font; specified cover and section order Fed. R. App. P. 32(a)
  • State page/word limits, font, and cover color VARY — check your state’s Rules of Appellate Procedure — varies by state; confirm in your state’s rules

Governing statutes

Federal notice-of-appeal deadlines Fed. R. App. P. 4
A court rule or state statute — read it in the governing rulebook (your court's Rules of Appellate/Civil/Criminal Procedure or your state code).
Federal appellate brief form/limits Fed. R. App. P. 32
A court rule or state statute — read it in the governing rulebook (your court's Rules of Appellate/Civil/Criminal Procedure or your state code).

Cases on point (live · CourtListener)

Direct Steel, LLCpublic domain
Armed Services Board of Contract Appeals · 2024-08-02 · Published · cited 0×
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of - ) ) Direct Steel, LLC ) ASBCA Nos. 63838, 63839 ) Under Contract No. W9126G-21-C-0003 ) APPEARANCES FOR THE APPELLANT: Kendall Woods, Esq. Mark Noth, Esq.
read the full opinion · at the source · see the docket → · find the judge →
Direct Steel, LLCpublic domain
Armed Services Board of Contract Appeals · 2025-09-15 · Published · cited 0×
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Direct Steel, LLC ) ASBCA No. 63837 ) Under Contract No. W9126G-21-C-0003 ) APPEARANCES FOR THE APPELLANT: Mr. Matthew D. Nagel Vice President Ke
read the full opinion · at the source · see the docket → · find the judge →
Direct Steel, LLCpublic domain
Armed Services Board of Contract Appeals · 2025-03-10 · Published · cited 0×
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Direct Steel, LLC ) ASBCA No. 63837 ) Under Contract No. W9126G-21-C-0003 ) APPEARANCES FOR THE APPELLANT: Mr. Matthew D. Nagel Vice President
read the full opinion · at the source · see the docket → · find the judge →
In re Probate Appeal of Buckinghampublic domain
Connecticut Appellate Court · 2020-05-26 · Published · cited 0×
*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical corr
read the full opinion · at the source · see the docket → · find the judge →
Unitrin Direct Ins. Co. v. Becklespublic domain
Appellate Division of the Supreme Court of the State of New York · 2020-11-24 · Published · cited 0× · 188 A.D.3d 620; 132 N.Y.S.3d 758; 2020 NY Slip Op 06974
Unitrin Direct Ins. Co. v Beckles (2020 NY Slip Op 06974) Unitrin Direct Ins. Co. v Beckles 2020 NY Slip Op 06974 Decided on November 24, 2020 Appellate Division, First Department Published by New York State Law Reporti
read the full opinion · at the source · see the docket → · company profile: Unitrin Direct Ins. Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Swanson v. Consumer Directpublic domain
Montana Supreme Court · 2017-03-14 · Published · cited 2× · 2017 MT 57; 387 Mont. 37; 391 P.3d 79; 2017 Mont. LEXIS 199; 2017 WL 986100
JUSTICE RICE delivered the Opinion of the Court. ¶1 Lee Swanson (Swanson) appeals from the orders of the Thirteenth Judicial District Court, Yellowstone County, granting summary *38 judgment to Defendant Consumer Direct and denying his
read the full opinion · at the source · see the docket → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1368; 65 N.Y.S.3d 868
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 17, 2016. The order denied the motion of defendants-third-party plaintiffs Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling and Holly Drilling and of third-party plaintiff Leap Analytix, LLC to unseal the record. It is hereby ordered that the order so appealed from is unanimously affirmed without
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Davenport v. Progressive Direct Ins.public domain
Ohio Court of Appeals · 2025-07-10 · Published · cited 1× · 2025 Ohio 2449
[Cite as Davenport v. Progressive Direct Ins., 2025-Ohio-2449.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA MON CHERI DAVENPORT, ET AL., : Plaintiffs-Appellees, : No. 114306 v. : PROGRESSIVE DI
read the full opinion · at the source · see the docket → · find the judge →
Direct Biologics v. McQueenpublic domain
Court of Appeals for the Fifth Circuit · 2023-04-03 · Published · cited 6× · 63 F.4th 1015
Case: 22-50442 Document: 00516698574 Page: 1 Date Filed: 04/03/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 3, 202
read the full opinion · at the source · see the docket → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1368; 65 N.Y.S.3d 868
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 17, 2016. The order denied the motion of defendants-third-party plaintiffs Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling and Holly Drilling and of third-party plaintiff Leap Analytix, LLC to unseal the record. It is hereby ordered that the order so appealed from is unanimously affirmed without
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1368; 65 N.Y.S.3d 868
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 17, 2016. The order denied the motion of defendants-third-party plaintiffs Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling and Holly Drilling and of third-party plaintiff Leap Analytix, LLC to unseal the record. It is hereby ordered that the order so appealed from is unanimously affirmed without
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1368; 65 N.Y.S.3d 868
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 17, 2016. The order denied the motion of defendants-third-party plaintiffs Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling and Holly Drilling and of third-party plaintiff Leap Analytix, LLC to unseal the record. It is hereby ordered that the order so appealed from is unanimously affirmed without
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1368; 65 N.Y.S.3d 868
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 17, 2016. The order denied the motion of defendants-third-party plaintiffs Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling and Holly Drilling and of third-party plaintiff Leap Analytix, LLC to unseal the record. It is hereby ordered that the order so appealed from is unanimously affirmed without
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.public domain
Appellate Division of the Supreme Court of the State of New York · 2017-12-22 · Published · cited 0× · 156 A.D.3d 1363; 68 N.Y.S.3d 344
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple. It is hereby ordered that said appeal is unanimously dismissed without costs.
read the full opinion · at the source · see the docket → · company profile: Manufacturers & Traders Trust Co. → · find the judge →
Progressive Direct v. Shanna Grovespublic domain
Supreme Court of South Carolina · 2022-09-21 · Published · cited 0×
THE STATE OF SOUTH CAROLINA In The Supreme Court Progressive Direct Insurance Co., and USAA General Indemnity Company, Petitioners, v. Shanna Groves as the Personal Representative of the Estate of Lynn Harrison, Respondent. Appellate Case No. 2020-001337 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal from Dorchester County Alison Renee Lee, Circuit Court Judge Opinion No. 28115 Heard Nov
read the full opinion · at the source · see the docket → · find the judge →

Local ordinances — read them yourself

If your issue is a city or county ordinance, you can pull the actual text here and work through it yourself (or with an AI helper). These are finders and official code portals — we link where the codes live, not a guess at any one ordinance’s URL.

Find your city / county code

Municode Library
The largest host of municipal & county codes — pick your state, then your city/county to read its ordinances.
American Legal Publishing — Code Library
The other major municipal-code host; many mid-size and large cities publish here.
General Code / eCode360
A third national code host, common in the Northeast and Midwest.
Law Library of Congress — U.S. State & Local Government
Official Library of Congress research guide to finding state and local law.
Cornell LII — Municipal / local law
Plain-language background on how municipal ordinances work and where they sit under state law.

Example jurisdiction code portals

New York City — Administrative Code & Rules
Example of a city’s own code/rules portal (NYC).
City of Los Angeles — Municipal Code
Example of a large-city code hosted on a national platform.

AI-generated — not legal advice. Everything this tool produces is AI-generated legal INFORMATION and fill-in-the-blank structure. It is not legal advice, it is not a lawyer, and it does not create an attorney-client relationship. Deadlines, page limits, and procedures vary by court and change over time — verify every specific in your court’s own rules before you rely on it.

What to do with it: take the draft or notes to a licensed attorney, a legal-aid clinic, or your court’s self-help center; and file through the court’s official system. Most courts use an e-filing portal (federal courts: PACER/CM-ECF; many state courts have their own e-file site) and publish free pro-se packets and clerk help lines. When a deadline or a right is on the line, get a human lawyer — a federal-defender or public-defender office for criminal/habeas matters.

Frequently asked questions

What is the "exhaustion ladder" for appeals?

It is the fixed order you must challenge a court loss in: direct appeal, then a motion for reconsideration or new trial, then state post-conviction/state habeas, then discretionary review in the state supreme court, then certiorari to the U.S. Supreme Court, then federal habeas corpus, and only then the extraordinary writs like mandamus. Taking a step out of order can permanently forfeit ("burn") a later option.

Why can filing federal habeas too early hurt me?

Federal habeas (28 U.S.C. § 2254 for state prisoners, § 2255 for federal) requires that you first exhaust state remedies (28 U.S.C. § 2254(b)(1)). Filing before you finish the state process can get the petition dismissed, the AEDPA one-year clock (28 U.S.C. § 2244(d)(1)) can run out, a claim can be procedurally defaulted, and a second petition needs the court of appeals’ permission. Get a lawyer or a federal-defender office before filing.

When is a writ of mandamus appropriate?

Mandamus is a last resort after ordinary appeals fail and an official or agency still refuses to perform a clear, non-discretionary duty, when no other adequate remedy exists. It rests on statute now — 28 U.S.C. § 1361, the All Writs Act (§ 1651), and for agencies the APA (5 U.S.C. § 706(1)).

Does this tool give legal advice?

No. It is AI-generated legal information and a fill-in-the-blank scaffold — not legal advice and not a lawyer. Deadlines and rules vary by court and change; verify every specific in your court’s own rules, and take a draft to a licensed attorney, a legal-aid clinic, or your court’s self-help center.