Rule 21. Extraordinary Relief

(a) Mandamus or Prohibition; Petition; Service and Filing. A petition for a writ of mandamus or of prohibition must be made by filing a petition with the Clerk with proof of service on the respondent(s), on any other party at interest, and on the Secretary. The petition must contain:

(1) a statement of the precise relief sought;

(2) a statement of the facts necessary to understand the issues presented by the petition;

(3) a statement of the reasons why the petition should be granted, including why the petitioner has a clear and indisputable right to the writ and why there are inadequate alternative means to obtain the relief sought; and

(4) copies of any order or decision or parts of the record necessary to understand the petition.

Upon receipt of the $50.00 filing fee (unless waived pursuant to Rule 24), the Clerk shall docket the petition and submit it to the Court.

(b) Action on the Petition. Unless the Court concludes that the petition should be denied, it will order the respondent(s) to file an answer to the petition within a time fixed by the order. The order shall be served by the Clerk on the named respondent(s), on the Secretary, and on any other party at interest. Two or more respondents may answer jointly. Any respondent who does not desire to appear in the proceeding may so advise the Clerk and all parties by letter, but such action will not amount to agreement that the petition should be granted. The Clerk shall notify the parties of the time limits for the filing of any briefs, and of the date of any oral argument. The proceeding will be given preference by the Court. The petition may be acted upon after reasonable notice of its filing to all parties.

(c) Other Extraordinary Relief. Application for extraordinary relief other than that provided for in subsection (a) of this rule must be made by petition filed with the Clerk with proof of service on the parties named as respondents. No response may be filed by any respondent unless ordered by the Court. Proceedings on such an application will follow, so far as is practicable, the procedures in subsections (a) and (b) of this rule.

(d) Form and Length of Papers; Number of Copies. Except by permission of the Court, the form and length requirements in Rule 32(g) for principal briefs apply to petitions and responses thereto. An original and three copies must be filed with the Clerk, but the Court may direct that additional copies be furnished. The petition must be entitled: "[Name of Petitioner], Petitioner v. [Name and Title of Respondent], Respondent."

(As amended June 14, 1994, eff. Aug. 1, 1994.)