Rule 21 Writs of Mandamus and Prohibition, and Other Extraordinary Writs
Article V: Extraordinary Writs
Rule Text
(a) Mandamus or Prohibition to a Court.
(1) Parties. All parties in the Superior Court proceeding other than the petitioner are respondents for all purposes.
(2) Declaration. A petitioner must file a declaration attesting that a copy of the petition was provided to all parties and the judge of the Superior Court proceeding.
(3) Caption and Contents of Petition.
(A) The petition must be titled “In re [name of petitioner].” If the petitioner is the Commonwealth, the petition shall be titled so as to include the real party in interest.
(B) The petition must state:
(i) The relief sought;
(ii) The issues presented;
(iii) The facts necessary to understand each issue presented by the petition; and
(iv) The reasons why the writ should be issued.
(C) The petition must include a copy of any order, opinion, or parts of the record that may be essential to understand the matters set forth in the petition.
(4) Docketing. Upon proper filing of the petition, the Clerk must docket the petition and submit it to the Court.
(b) Denial; Order Directing Answer; Briefs; Precedence.
(1) Denial and Order Directing Answer. The Court may deny the petition without an answer. Otherwise, it may at its discretion order the respondent, if any, to answer within a fixed time.
(2) Joint Answer. Two or more respondents may answer jointly.
(3) Invitation to Address Petition. The Court may invite or order the trial court judge to address the petition and 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 by the Court.
(4) Briefing and Oral Argument. If briefing or oral argument is required, the Clerk must advise the parties and, when appropriate, the trial court judge and amicus curiae.
(5) Precedence. The writ proceeding must be given preference over ordinary civil cases.
(6) Copy of Final Disposition. The 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 conform, so far as is practicable, to the procedures prescribed in Rule 21(a) and (b).
(d) Form of Papers. All papers must conform to Rule 32(b)(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)(3)(C).