VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 13. Writs of Mandamus and Prohibition Directed to Judges or Non-Judges and Other Extraordinary Writs

• Jurisdiction: United States

Rule 13. Writs of Mandamus and Prohibition Directed to Judges or Non-Judges and Other Extraordinary Writs

(a) Mandamus or Prohibition to a Judge or Non-Judges; Petition for Writ; Service and Filing. Application for a writ of mandamus or of prohibition directed to a judge or judges of the Superior Court shall be made by filing a petition therefor with the Clerk of the Supreme Court with proof of service on the respondent judge, on all parties to the action in the Superior Court, and on the Clerk of the Superior Court. Upon receipt of a copy of the petition, the Clerk of the Superior Court shall forthwith transmit to the Clerk of the Supreme Court a list of docket entries and inform the Supreme Court of any subsequently entered orders. If directed to a non-judge, the petition need only be served on the non-judge. The petition shall be titled "In re [name of petitioner]." The petition shall contain a statement of the facts necessary to understand the issues presented by the application, a statement of the issues presented and of the relief sought; a statement of the reasons why the writ should issue, copies of any order or opinion or parts of the record which may be essential to understand the matters set forth in the petition, and shall include an address where notices and papers may be mailed or served upon counsel or, if proceeding pro se, the petitioner. Upon receipt of the prescribed docket fee, the Clerk of the Supreme Court shall docket the petition and submit it to the Chief Justice for assignment and disposition by the Supreme Court. A petition may not exceed 5,200 words.

(b) Denial; Order Directing Answer. If the panel of the Supreme Court is of the opinion that the writ should not be granted, it shall deny the petition. Otherwise, any justice of the Supreme Court may order an answer to the petition, which may not exceed 5,200 words, be filed by the respondents within the time fixed by the order. The order shall be served by the Clerk of the Supreme Court on the judge named respondent and on all other parties to the action in the Superior Court. All parties below (other than petitioner) shall be deemed respondents for all purposes, with the judge being denominated as nominal respondent. If the judge named as nominal respondent does not desire to appear in the proceeding, the judge may so advise the Clerk of the Supreme Court and all parties by letter, but the petition shall not thereby be taken as admitted. The Clerk shall advise the...