(a) Mandamus or Prohibition to a Court: Petition, Filing,
Service, and Docketing.
(1) A party petitioning for a writ of mandamus or
prohibition directed to a court must file a petition with
the circuit clerk with proof of service on all parties to
the proceeding in the trial court. The party must also
provide a copy to the trial-court judge. All parties to the
proceeding in the trial court other than the petitioner are
respondents for all purposes.
(A) The petition must be titled “In re [name of
(B) The petition must state:
(i) the relief sought;
(ii) the issues presented;
(iii) the facts necessary to understand the issue
presented by the petition; and
(iv) the reasons why the writ should issue.
(C) The petition must include a copy of any order or
opinion or parts of the record that may be essential to
understand the matters set forth in the petition.
(3) Upon receiving the prescribed docket fee, the clerk must
docket the petition and submit it to the court.
(b) Denial; Order Directing Answer; Briefs; Precedence.
(1) The court may deny the petition without an answer.
Otherwise, it must order the respondent, if any, to answer
within a fixed time.
(2) The clerk must serve the order to respond on all persons
directed to respond.
(3) Two or more respondents may answer jointly.
(4) The court of appeals may invite or order the trial-court
judge to address the petition or may invite an amicus curiae
to do so. The trial-court judge may request permission to
address the petition but may not do so unless invited or
ordered to do so by the court of appeals.
(5) If briefing or oral argument is required, the clerk must
advise the parties, and when appropriate, the trial-court
judge or amicus curiae.
(6) The proceeding must be given preference over ordinary
(7) The circuit clerk must send a copy of the final
disposition to the trial-court judge.
(c) Other Extraordinary Writs.
An application for an extraordinary writ other than one
provided for in Rule 21(a) must be made by filing a petition
with the circuit clerk with proof of service on the
respondents. Proceedings on the application must conform, so
far as is practicable, to the procedures prescribed in Rule
21(a) and (b).
(d) Form of Papers; Number of Copies.
All papers must conform to Rule 32(c)(2). Except by the
court’s permission, a paper must not exceed 30 pages,
exclusive of the disclosure statement, the proof of service,
and the accompanying documents required by Rule 21(a)(2)(C).
An original and 3 copies must be filed unless the court
requires the filing of a different number by local rule or by
order in a particular case.
<< Return to Rules | Title V. Extraordinary Writs | Rule 21
Last modified at 12/16/2009