Federal Circuit Rule 21: Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Title; Fee; Response.

(1) A petition for writ of mandamus or prohibition directed to a court or an agency must be entitled: “In re [name of petitioner], Petitioner.”

(2) The petition must include a certificate of interest under Federal Circuit Rule 47.4. An entry of appearance for principal counsel under Federal Circuit Rule 47.3 must accompany the petition, unless the petitioner is unrepresented.

(3) The petition must include proof of service under Federal Rule of Appellate Procedure 25(d) and be served outside the court’s electronic filing system.

(4) A petition filed under this rule must be filed with this court in accordance with Federal Circuit Rule 25(b). The fee set forth in Federal Circuit Rule 52, or a motion for leave to proceed in forma pauperis or other waiver, must accompany the petition.

(5) No response may be filed unless ordered by the court.

(b) Reply.

If the court directs the filing of a response to a petition, then the petitioner may file a reply. Unless otherwise ordered, the petitioner may file a reply within seven (7) days after the date of the filing of the response. The court may act on the petition before receipt of any reply, and thus the filing of a reply should be expedited if appropriate. The reply may not exceed 3,900 words if produced electronically or fifteen (15) pages otherwise.

(c) Copies; Brief.

(1) If the original petition, response, or reply is filed in paper form, then no additional copies are required.

(2) The filer of a petition, response, or reply must not submit a separate brief in support of its filing.

(d) Service of Order Denying Petition.

If the petition is denied, the petitioner must serve a copy of the order denying the petition on all persons served with the petition unless such a person has entered an appearance in the proceeding or has been sent a copy of the order by the clerk of court.

(e) Amicus Curiae Brief.

An amicus curiae brief supporting a petition must be accompanied by a motion for leave to file and be filed no later than four (4) days after the petition is docketed. An amicus curiae brief in opposition to a petition must be accompanied by a motion for leave and be filed no later than the date the court directs for parties to respond to the petition. The court may act on the petition before leave is sought, and thus the filing of a brief and a motion for leave should be expedited if appropriate. Federal Rules of Appellate Procedure 29(a)(3) and 29(a)(4) apply to the motion and brief, except that the brief may not exceed 3,900 words if prepared electronically or fifteen (15) pages otherwise.

(f) Petition for Panel Rehearing or Rehearing En Banc.

Federal Rule of Appellate Procedure 40 and Federal Circuit Rule 40 apply to any petition for panel rehearing, petition for hearing or rehearing en banc, or a combined petition for panel rehearing and rehearing en banc.

Ed. Note: Title updated to mirror the language of Federal Rule of Appellate Procedure 21(a)(2)(A).