5th Cir. R. 21: Writs of Mandamus and Prohibition, and Other Extraordinary Writs
Rules and Internal Operating Procedures of the Fifth Circuit
Petition for Writ. The petition must contain a certificate of interested persons as described in 5TH CIR. R. 28.2.1. The certificate of interested persons and the items required by 5TH CIR. R. 21 do not count toward the page limit.
In addition to the items required by FED. R. APP. P. 21, the application must contain a copy of any memoranda or briefs filed in the district court supporting the application to that court for relief and any memoranda or briefs filed in opposition, as well as a transcript of any reasons the district court gave for its action.
I.O.P. TO FED. R. APP. P. 21. MANDAMUS PROCESSING. IF THE PETITIONER DOES NOT ACCOMPANY THE PETITION WITH THE REQUISITE FILING FEE OR MOTION TO PROCEED IFP, THE CLERK WILL, BY LETTER, NOTIFY THE PETITIONER OF THE DEFECT AND SET A CORRECTION DEADLINE. IF THE PETITIONER FAILS TO MEET THE DEADLINE, THE CLERK WILL DISMISS THE PETITION 15 DAYS AFTER THE DEADLINE IN ACCORDANCE WITH OUR PRACTICES UNDER 5TH CIR. R. 42.3.1. IF THE PETITIONER ACCOMPANIES THE PETITION WITH THE REQUISITE FILING FEE OR MOTION TO PROCEED IFP, THE CLERK WILL DOCKET THE PETITION IN ACCORDANCE WITH FED. R. APP. 21(A)(3). WITH THE EXCEPTION OF AN EMERGENCY MANDAMUS PETITION, WHICH SHALL BE HANDLED IN ACCORDANCE WITH OUR EXISTING RULES FOR EMERGENCY MOTIONS, THE CLERK WILL FORWARD ALL MANDAMUS PETITIONS TO THE JURISDICTIONAL REVIEW CALENDAR OR A SCREENING PANEL FOR DISPOSITION.