Section 16 Circuit Court

• Library: Remedies 2006

The petition for a writ of mandamus or a writ of prohibition does not differ significantly from the petition in other civil cases. Both Rule 94 (mandamus) and Rule 97 (prohibition) require the relator to include the following in the petition:

• A statement of facts
• The reasons for granting the writ
• The relief sought

The relator should attach to the petition all of the orders, documents, or other matters necessary to understanding the issues presented. The pages of the exhibits should be numbered, and an index of the exhibits prepared. Rules 94.03 and 97.03. The court does not issue a summons. Rather, if the court decides that a preliminary order in mandamus or prohibition should be granted, the preliminary order together with the petition is served on the respondent. Rules 94.05 and 97.05.

If a preliminary order is issued, the respondent and any other
parties in the proceedings below must file an answer...