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Rules of the Supreme Court

PART V — JURISDICTION AND COMMENCEMENT

  • 41Appellate jurisdiction, finality, standing, and mootness
  • 42Preservation, standards of review, and prejudicial error
  • 43Criminal appeals as of right
  • 44Civil appellate review
  • 45Appeals from the Administrative Court
  • 46Notice of appeal, cross-appeal, and time to appeal
  • 47Discretionary review by petition for review or certiorari
  • 48Contents of a petition for review
  • 49Opposition, reply, distribution, and disposition of a petition
  • 50Interlocutory review, amendment, and misconception of remedy
  • 51Certified questions of Ridgeway law
  • 52Proceedings within original jurisdiction supplied by law
  • 53Extraordinary writs in aid of appellate jurisdiction
  • 54Mandamus and prohibition
  • 55Habeas-corpus review and quo warranto
  • 56Statutory applications to an individual Justice

PART V — JURISDICTION AND COMMENCEMENT

Rule 54. Mandamus and prohibition

Cite asRid. R. Sup. Ct. 54Official text at page 24

In this rule

  • (a)Mandamus prerequisites
  • (b)Appellate-aid limitation
  • (c)Prohibition
  • (d)Required parties and materials
  • (e)Discretionary acts
(a)§

Mandamus prerequisites

In addition to Rule 53, mandamus against a State official requires the petitioner to establish:

1.§

a clear entitlement to relief;

2.§

a clearly written, nondiscretionary duty the respondent is required to execute;

3.§

relief that redresses the petitioner’s personal injury rather than a generalized institutional grievance; and

4.§

a concrete, particular, personal injury caused by failure to execute the duty.

(b)§

Appellate-aid limitation

Even when subdivision (a) is satisfied, the Supreme Court may issue mandamus only in aid of its appellate jurisdiction unless a separate law expressly grants original jurisdiction. A mandamus claim outside that limitation belongs in a court of competent original jurisdiction.

(c)§

Prohibition

A writ of prohibition requires a clear showing that:

1.§

a lower tribunal is about to exercise jurisdiction it does not possess or commit an act that cannot be remedied through ordinary review;

2.§

the threatened action is imminent;

3.§

no adequate remedy exists; and

4.§

the writ is in aid of Supreme Court appellate jurisdiction.

(d)§

Required parties and materials

The petition must name the official or tribunal by office, identify the real parties in interest, and append the challenged order or record. The judicial officer is a respondent for purposes of the writ but ordinarily need not advocate on the merits unless ordered.

(e)§

Discretionary acts

Mandamus does not control how an official exercises lawful discretion, compel a particular outcome where law leaves choice, or replace an appeal from an alleged abuse of discretion.

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