Paul E. Danielson, Justice.
Petitioner Dennis Thompson petitions this court for a writ of mandamus or a writ of prohibition directed to respondent Judge David Guthrie.1 In it, Thompson asks this court to compel the circuit court to “either record chambers conferences and bench conferences or not hold any unrecorded chambers conferences or bench conferences” without his written waiver.2 We deny the petitions without prejudice.
On September 18, 2007, Thompson filed a motion for summary disposition on issue of temporary relief and motion in limine. Within the motion, Thompson requested “that all in chambers conferences be on the record.” Attached to the motion and incorporated by reference was a letter of the same date, in which Thompson stated “if the Court decides to have an in chambers conference, I request that, in accordance with Ark. Sup. Ct. Admin. Order No. 4, that it be fully and completely made part of the record, with the court reporter present.” A hearing was held that day, and, three days later, Judge Guthrie entered an order in the matter, finding that Thompson’s motions were “untimely, unnecessary and now moot.” In addition, the circuit court made the following finding:
7. Plaintiffs request that in-chambers conferences be on the record is denied. The Court has a long established administrative practice of conferring in chambers, when necessary, informally and jointly with counsel prior to court proceedings. The suggested procedure would unduly burden the court reporter, delay the proceedings, and impugn the integrity of opposing counsel and the Court. Existing procedures are sufficient to protect and develop the record should such conferences generate a need to do so.
As a result of the circuit court’s order, Thompson filed the instant petition with this court. The State, on behalf of Judge Guthrie, responded, and Thompson subsequently replied, moving to strike Judge Guthrie’s response. We ordered the petition to be submitted as a case and passed on Thompson’s motion to strike until the case was submitted.
Briefing was commenced and during that time, Judge Guthrie moved to supplement the record with an amended order he entered on December 13, 2007, and we granted the motion. In the circuit court’s order, Judge Guthrie observed that Thompson’s petition to this court caused the court to recognize the need to amend its order. The circuit court did so and found, in pertinent part:
2. This Court will comply with all orders of the Supreme Court, including Administrative Order No. 4. Certainty of compliance can be assured simply because there will be no conference with Mr. Plouffe [Thompson’s counsel] in chambers. In the case of Ray v. Ray, Union County Circuit Court No. CV-2005-61-6, and Court of Appeals No. CA06-1424, decided December 5, 2007, counsel initiated a conference in chambers without notice on a non-court day when the court reporter was in Texas. Mr. Plouffe subsequently misrepresented the substance and circumstances of that conference in appellate pleadings, alleging in part “... the trial court’s failure to record the chambers conference...” (Statement of Case 5, Appellant’s Brief). The Court has not had since, and will not have in the future, a conference in chambers with Mr. Plouffe. Furthermore, Mr. Plouffe has not ever requested and been denied a recorded conference in chambers and the issue was not discussed at the September 18 hearing. Plaintiffs request is theoretical and his efforts to compel are merely an academic exercise.
3. The Court hereby amends its order of September 21,2007, by not ruling on counsel’s request to record conferences in chambers as such a ruling without facts in controversy would amount to an advisory opinion.
As an initial matter, we hold that Thompson’s motion to strike the response is moot, as briefs were timely filed by both parties. We turn, then, to the instant petition.
At issue is whether the circuit court’s actions require a writ of mandamus or prohibition from this court. Thompson asks this court to either order Judge Guthrie to record all chambers and bench conferences by way of a writ of mandamus or to prohibit Judge Guthrie, by way of a writ of prohibition, from holding any bench or chambers conferences unless they are recorded.3 He contends that he has no other adequate remedy and that, pursuant to Administrative Order No. 4 of the Arkansas Supreme Court, Judge Guthrie has a mandatory duty to record all conferences. Judge Guthrie responds that because he amended the original order that served as the basis for Thompson’s request for extraordinary relief, and because the amended order makes no ruling on the recording of chambers conferences, Thompson’s petitions are moot. In the alternative, Judge Guthrie states that neither requested writ is warranted as a matter of law.
The problem in the instant case is that Thompson has failed to point to any specific proceeding held by the circuit court of which the circuit court denied recording. Administrative Order No. 4 of the Arkansas Supreme Court provides:
Unless waived on the record by the parties, it shall be the duty of any circuit court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it.
Ark. Sup. Ct. Admin. Order No. 4 (2007). We have held that we will strictly construe and apply Admin. Order No. 4. See Williams v. State, 362 Ark. 416, 208 S.W.3d 761 (2005). For that reason, the Order is mandatory and is not discretionary; indeed, we have remanded matters in which a contested issue was not recorded, directed that certain motions must be recorded, and reminded the bench and bar of the requirement of Admin. Order No. 4. See, e.g., Dickinson v. State, 367 Ark. 102, 238 S.W.3d 125 (2006) (underscoring the provisions of Admin. Order No. 4); Williams v. State, supra (holding that it was the circuit court’s duty to require that a verbatim record be made of defense counsel’s particular challenge to a videotape and of the circuit court’s review of it); George v. State, 356 Ark. 345, 151 S.W.3d 770 (2004) (remanding for a hearing recorded verbatim on defendant’s pretrial suppression motion); Robinson v. State, 353 Ark. 372, 108 S.W.3d 622 (2003) (requiring that all motions for directed verdict be conducted on the record at the times such motions are mandated); Bradford v. State, 351 Ark. 394, 94 S.W.3d 904 (2003) (emphasizing once more that Admin. Order No. 4 requires that a verbatim record of all proceedings pertaining to any contested matter be made); Allen v. Burton, 311 Ark. 253, 843 S.W.2d 821 (1992) (observing, where a verbatim record of appellant’s objection to a jury instruction was not made, that this court is put at a considerable disadvantage in reviewing points pertaining to unrecorded hearings, when a verbatim record is not before us).
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Paul E. Danielson, Justice.
Petitioner Dennis Thompson petitions this court for a writ of mandamus or a writ of prohibition directed to respondent Judge David Guthrie.1 In it, Thompson asks this court to compel the circuit court to “either record chambers conferences and bench conferences or not hold any unrecorded chambers conferences or bench conferences” without his written waiver.2 We deny the petitions without prejudice.
On September 18, 2007, Thompson filed a motion for summary disposition on issue of temporary relief and motion in limine. Within the motion, Thompson requested “that all in chambers conferences be on the record.” Attached to the motion and incorporated by reference was a letter of the same date, in which Thompson stated “if the Court decides to have an in chambers conference, I request that, in accordance with Ark. Sup. Ct. Admin. Order No. 4, that it be fully and completely made part of the record, with the court reporter present.” A hearing was held that day, and, three days later, Judge Guthrie entered an order in the matter, finding that Thompson’s motions were “untimely, unnecessary and now moot.” In addition, the circuit court made the following finding:
7. Plaintiffs request that in-chambers conferences be on the record is denied. The Court has a long established administrative practice of conferring in chambers, when necessary, informally and jointly with counsel prior to court proceedings. The suggested procedure would unduly burden the court reporter, delay the proceedings, and impugn the integrity of opposing counsel and the Court. Existing procedures are sufficient to protect and develop the record should such conferences generate a need to do so.
As a result of the circuit court’s order, Thompson filed the instant petition with this court. The State, on behalf of Judge Guthrie, responded, and Thompson subsequently replied, moving to strike Judge Guthrie’s response. We ordered the petition to be submitted as a case and passed on Thompson’s motion to strike until the case was submitted.
Briefing was commenced and during that time, Judge Guthrie moved to supplement the record with an amended order he entered on December 13, 2007, and we granted the motion. In the circuit court’s order, Judge Guthrie observed that Thompson’s petition to this court caused the court to recognize the need to amend its order. The circuit court did so and found, in pertinent part:
2. This Court will comply with all orders of the Supreme Court, including Administrative Order No. 4. Certainty of compliance can be assured simply because there will be no conference with Mr. Plouffe [Thompson’s counsel] in chambers. In the case of Ray v. Ray, Union County Circuit Court No. CV-2005-61-6, and Court of Appeals No. CA06-1424, decided December 5, 2007, counsel initiated a conference in chambers without notice on a non-court day when the court reporter was in Texas. Mr. Plouffe subsequently misrepresented the substance and circumstances of that conference in appellate pleadings, alleging in part “... the trial court’s failure to record the chambers conference...” (Statement of Case 5, Appellant’s Brief). The Court has not had since, and will not have in the future, a conference in chambers with Mr. Plouffe. Furthermore, Mr. Plouffe has not ever requested and been denied a recorded conference in chambers and the issue was not discussed at the September 18 hearing. Plaintiffs request is theoretical and his efforts to compel are merely an academic exercise.
3. The Court hereby amends its order of September 21,2007, by not ruling on counsel’s request to record conferences in chambers as such a ruling without facts in controversy would amount to an advisory opinion.
As an initial matter, we hold that Thompson’s motion to strike the response is moot, as briefs were timely filed by both parties. We turn, then, to the instant petition.
At issue is whether the circuit court’s actions require a writ of mandamus or prohibition from this court. Thompson asks this court to either order Judge Guthrie to record all chambers and bench conferences by way of a writ of mandamus or to prohibit Judge Guthrie, by way of a writ of prohibition, from holding any bench or chambers conferences unless they are recorded.3 He contends that he has no other adequate remedy and that, pursuant to Administrative Order No. 4 of the Arkansas Supreme Court, Judge Guthrie has a mandatory duty to record all conferences. Judge Guthrie responds that because he amended the original order that served as the basis for Thompson’s request for extraordinary relief, and because the amended order makes no ruling on the recording of chambers conferences, Thompson’s petitions are moot. In the alternative, Judge Guthrie states that neither requested writ is warranted as a matter of law.
The problem in the instant case is that Thompson has failed to point to any specific proceeding held by the circuit court of which the circuit court denied recording. Administrative Order No. 4 of the Arkansas Supreme Court provides:
Unless waived on the record by the parties, it shall be the duty of any circuit court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it.
Ark. Sup. Ct. Admin. Order No. 4 (2007). We have held that we will strictly construe and apply Admin. Order No. 4. See Williams v. State, 362 Ark. 416, 208 S.W.3d 761 (2005). For that reason, the Order is mandatory and is not discretionary; indeed, we have remanded matters in which a contested issue was not recorded, directed that certain motions must be recorded, and reminded the bench and bar of the requirement of Admin. Order No. 4. See, e.g., Dickinson v. State, 367 Ark. 102, 238 S.W.3d 125 (2006) (underscoring the provisions of Admin. Order No. 4); Williams v. State, supra (holding that it was the circuit court’s duty to require that a verbatim record be made of defense counsel’s particular challenge to a videotape and of the circuit court’s review of it); George v. State, 356 Ark. 345, 151 S.W.3d 770 (2004) (remanding for a hearing recorded verbatim on defendant’s pretrial suppression motion); Robinson v. State, 353 Ark. 372, 108 S.W.3d 622 (2003) (requiring that all motions for directed verdict be conducted on the record at the times such motions are mandated); Bradford v. State, 351 Ark. 394, 94 S.W.3d 904 (2003) (emphasizing once more that Admin. Order No. 4 requires that a verbatim record of all proceedings pertaining to any contested matter be made); Allen v. Burton, 311 Ark. 253, 843 S.W.2d 821 (1992) (observing, where a verbatim record of appellant’s objection to a jury instruction was not made, that this court is put at a considerable disadvantage in reviewing points pertaining to unrecorded hearings, when a verbatim record is not before us).
In the instant matter, Thompson’s request of the circuit court was made regarding any future in-chambers conference to be held. For this reason, neither extraordinary writ requested will lie. First, a writ of mandamus is issued by this court only to compel an official or judge to take some action. See Weaver v. Simes, 365 Ark. 289, 229 S.W.3d 15 (2006). When requesting a writ of mandamus, a petitioner must show a clear and certain right to the relief sought and the absence of any other adequate remedy. See id. Mandamus is never granted in anticipation of an omission of a duty, but only after actual default. See Ex parte Cutting, 94 U.S. 14 (1876); see also 52 Am. Jur. 2d Mandamus § 60 (2008).
Here, Thompson has not shown a clear and certain right to the relief he seeks where there has been no actual default by the circuit court. While the circuit court did “deny” Thompson’s request in its original order, the record does not reveal that any in-chambers conference was held without being recorded. Thus, we cannot say that the circuit court’s denial was ever put into effect or that there was an actual default by the circuit court. Moreover, the circuit court entered an amended order in which it specifically stated that it was “not ruling on counsel’s request to record conferences in chambers.” Accordingly, no actual default has been made by the circuit court that would permit mandamus relief, and Thompson has made no showing of a clear and certain right to relief. We, therefore, deny the petition for writ of mandamus without prejudice.
In addition, we hold that a writ of prohibition is also inappropriate, as the writ will only lie when a circuit court is wholly without jurisdiction. See Smith v. Fox, 358 Ark. 388, 193 S.W.3d 238 (2004). Here, the circuit court clearly had jurisdiction to hear the matter before it.
In sum, no action has been taken by the circuit court, which could be resolved by the issuance of an extraordinary writ. Were we, at this juncture, to issue one of the writs requested, it would be premature, and we will not issue anticipatory writs.4 For these reasons, we deny the writs requested without prejudice.
Writs denied without prejudice.
Glaze, Brown, and Imber, JJ., dissent.