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 “Discretionary review (state supreme court)” as done (unlock the next rung)

Discretionary review (state supreme court)

This step usually comes after earlier rungs

You have not marked these earlier steps complete: Direct appeal. This remedy is normally available only after them. Confirm you have exhausted the lower rungs (or that an exception applies) before relying on this one.

What this is

Where it sits in the ladder

This rung matters for two reasons: it can win, and it is the last state step. To exhaust a federal claim you generally must have asked the state’s court of last resort to hear it — even if it said no.

What "burning" this option means

If you never sought discretionary review in the state’s highest court, a federal court may hold the claim unexhausted or defaulted. This step is often what "one full round of state review" means.

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

State filing window State post-conviction and discretionary-review deadlines VARY widely (and some are strict). Confirm the exact window in your state’s rules before relying on any number. — confirm in your state’s rules

Generate: Petition (review / post-conviction / writ) — 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.

Title of the petition

e.g. "Petition for Review", "Petition for Post-Conviction Relief", "Petition for Writ of Certiorari".

Questions presented

The precise questions you ask the higher court to decide.

Statement of the case & decisions below

The procedural history and the rulings you are challenging.

Statement of facts

The material facts, with record citations.

Reasons to grant review / grounds for relief

Why this court should take the case (conflict, importance) or why relief is warranted.

Relief requested

What you want — review granted, conviction vacated, new trial, resentencing.

Appendix

The lower-court opinions/orders and any required record excerpts.

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

U.S. Supreme Court certiorari petition: booklet format, 9,000-word limit, 40-day/90-day timing Sup. Ct. R. 14, 33; deadline Sup. Ct. R. 13
State petition-for-review and post-conviction forms/limits VARY — many states publish a required form; check your state’s rules — varies by state; confirm in your state’s rules

Governing statutes

Governed by each state’s rules of appellate procedure State petition-for-review rule (varies)

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).

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.