Rule 21 — Writs of Mandamus and Prohibition, and Other Extraor- dinary Writs

Fed. R. App. P. 21

• Source: Federal Rules of Appellate Procedure
• Rule: 21
• TITLE V: EXTRAORDINARY WRITS
• Citation: Fed. R. App. P. 21

Text

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service,
and Docketing.
(1) A party petitioning for a writ of mandamus or prohibi-
tion directed to a court must file the petition with the circuit
clerk and serve it on all parties to the proceeding in the trial
court. The party must also provide a copy to the trial-court
judge. All parties to the proceeding in the trial court other
than the petitioner are respondents for all purposes.
(2)(A) The petition must be titled ‘‘In re [name of peti-
tioner].’’
(B) The petition must state:
(i) the relief sought;
(ii) the issues presented;
(iii) the facts necessary to understand the issue pre-
sented by the petition; and
(iv) the reasons why the writ should issue.
(C) The petition must include a copy of any order or opinion
or parts of the record that may be essential to understand the
matters set forth in the petition.
(3) Upon receiving the prescribed docket fee, the clerk must
docket the petition and submit it to the court.
(b) Denial; Order Directing Answer; Briefs; Precedence.
(1) The court may deny the petition without an answer.
Otherwise, it must order the respondent, if any, to answer
within a fixed time.
(2) The clerk must serve the order to respond on all persons
directed to respond.
(3) Two or more respondents may answer jointly.
(4) The court of appeals may invite or order the trial-court
judge to address the petition or may invite an amicus curiae
to do so. The trial-court judge may request permission to ad-
dress the petition but may not do so unless invited or ordered
to do so by the court of appeals.
(5) If briefing or oral argument is required, the clerk must
advise the parties, and when appropriate, the trial-court judge
or amicus curiae.
(6) The proceeding must be given preference over ordinary
civil cases.
(7) The circuit clerk must send a copy of the final disposi-
tion to the trial-court judge.
(c) Other Extraordinary Writs. An application for an extraor-
dinary writ other than one provided for in Rule 21(a) must be

made by filing a petition with the circuit clerk and serving it on
the respondents. Proceedings on the application must conform, so
far as is practicable, to the procedures prescribed in Rule 21(a) and
(b).
(d) Form of Papers; Number of Copies; Length Limits. All papers
must conform to Rule 32(c)(2). An original and 3 copies must be
filed unless the court requires the filing of a different number by
local rule or by order in a particular case. Except by the court’s
permission, and excluding the accompanying documents required
by Rule 21(a)(2)(C):
(1) a paper produced using a computer must not exceed 7,800
words; and
(2) a handwritten or typewritten paper must not exceed 30
pages.

Advisory Committee Notes

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.)