PART V — JURISDICTION AND COMMENCEMENT
Rule 53. Extraordinary writs in aid of appellate jurisdiction
Limited power
An extraordinary writ is not a matter of right. It may issue only when:
the writ is necessary or appropriate in aid of the Court’s appellate jurisdiction;
exceptional circumstances justify immediate supervisory intervention;
no adequate appeal or other remedy exists;
the petitioner has exhausted reasonably available relief below; and
the requested writ is recognized by law.
Not a substitute for appeal
The writ process may not evade a missed appeal, obtain routine interlocutory review, retry facts, or secure an advisory ruling.
Petition
The petition must be captioned In re [Petitioner] and must:
identify the lower proceeding and every respondent;
state the writ and exact relief;
establish appellate-aid jurisdiction;
explain exhaustion and lack of adequate remedy;
state the exceptional circumstances and urgency;
present all argument in one document;
append the challenged order, related opinions, relevant docket, and essential record material; and
disclose every related request for the same relief.
Service upon filing
The petitioner must serve the petition when filed on every party to the lower proceeding, the lower-court Clerk, and each respondent officer. System service on later acceptance is not sufficient by itself. Proof must be filed promptly.
Response
A response, subject to Rule 38’s limit for an opposition to an extraordinary writ, is due within three days after service of the petition unless the Court orders otherwise. A respondent who does not oppose may file a notice. The Court may deny without a response but ordinarily must not grant final relief without notice and an opportunity to respond.
Order to show cause
The Court may issue an order to show cause, stay the lower proceeding, request the record, appoint counsel, or set expedited briefing or argument. Temporary relief is governed by Rule 62.
Decision
Denial does not adjudicate an issue beyond the writ request unless the order expressly states otherwise. A granted writ must precisely identify the commanded or prohibited act and its legal basis.