RULE 12.630. EXTRAORDINARY REMEDIES

RULE 12.630. EXTRAORDINARY REMEDIES

(a) Applicability. This rule applies to actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus.

(b) Initial Pleading. The initial pleading must be a petition. It must contain:

(1) the facts on which the petitioner relies for relief;

(2) a request for the relief sought; and

(3) if desired, argument in support of the petition with citations of authority.

The caption must show the action filed in the name of the petitioner in all cases and not on the relation of the state. When the petition seeks a writ directed to a lower court or to a governmental or administrative agency, a copy of as much of the record as is necessary to support the petitioner’s petition must be attached.

(c) Time. A petition must be filed within the time provided by law.

(d) Process. If the petition shows a prima facie case for relief, the court may issue:

(1) an order nisi in prohibition;

(2) an alternative writ in mandamus that may incorporate the petition by reference only;

(3) a writ of quo warranto; or

(4) a writ of habeas corpus.

The writ must be served in the manner prescribed by law.

(e) Response. Respondent must respond to the writ as provided in rule 12.140, but the answer in quo warranto must show better title to the office when the writ seeks an adjudication of the right to an office held by the respondent.