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 →

✓ You have marked this step done. Undo

Motion for reconsideration / new trial

What this is

Where it sits in the ladder

This usually runs in parallel with, or just before, a direct appeal. Filing it can pause the clock to appeal in many systems — but only if you file it within its own tight window.

What "burning" this option means

These windows are very short (civil new-trial motions are commonly ~28 days; some criminal grounds far shorter). A late motion is simply denied and does nothing to protect your appeal deadline.

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

New trial / alter judgment (civil) Federal civil: within 28 days of entry of judgment. Fed. R. Civ. P. 59(b), (e)

New trial (criminal) Federal criminal: within 14 days of the verdict for most grounds; within 3 years for newly discovered evidence. Fed. R. Crim. P. 33(b)

Generate: Motion (reconsideration / new trial) — 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 motion

e.g. "Motion for New Trial" or "Motion to Alter or Amend the Judgment".

Grounds

The specific legal grounds — e.g. clear error of law, newly discovered evidence, manifest injustice.

Supporting argument & authority

Why the grounds are met, with citations and record references.

Relief requested

Exactly what you want — a new trial, an amended judgment, reconsideration of a specific ruling.

Proposed order (if required)

Many courts want a proposed order granting the motion attached.

Certificate of service

A signed statement of the date and manner you served every other party with a copy.

Format & length rules

Civil new-trial / alter-or-amend motions have short deadlines (commonly ~28 days) Fed. R. Civ. P. 59
Criminal new-trial motion deadlines depend on the ground Fed. R. Crim. P. 33
State motion deadlines and page limits VARY — check your state’s trial-court rules — varies by state; confirm in your state’s rules

Governing statutes

New trial / alter-or-amend (civil) Fed. R. Civ. P. 59

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).

Relief from judgment (civil) Fed. R. Civ. P. 60

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).

New trial (criminal) Fed. R. Crim. P. 33

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.