[RESERVED FOR FUTURE USE] SUPERVISORY WRITS
(a) Petition, Filing, and Service.
(1) A party seeking a supervisory writ must file a petition with the supreme court clerk and serve the petition on all parties to the proceeding in the district court. The party must also provide a copy to the district court judge.
(2) The petition must state:
(A) the relief sought;
(B) the issues presented;
(C) the facts necessary to understand the issues presented; and
(D) the reasons why a writ should issue.
(3) The petition must include a copy of any order or opinion or parts of the record that may be essential to understanding the matters set forth in the petition. If a petition is supported by briefs, affidavits, or other papers, they must be served and filed with the petition.
(b) Denial; Response to Petition; Briefs.
(1) The court may deny a petition without awaiting a response.
(2) Any party may file a response to a petition within 10 days after service of the petition. Two or more parties may respond jointly to a petition.
(3) The court may invite or order the district court judge to respond to a petition or may invite an amicus curiae to do so. The district court judge may request permission to respond to a petition but may not provide such a response unless invited or ordered to do so by the court.
(c) Form of Papers; Number of Copies. All papers must conform to Rule 32. An original and seven copies must be filed unless the court requires the filing of a different number in a particular case.
Note: Fed.R.App.P. 21, relates to writs of mandamus, prohibition, and other extraordinary writs.
Rule 21 was adopted, effective ________________________. It is designed to clarify supervisory writ procedure in the supreme court.
The supreme court has power under Art. VI, Sec. 2 of the North Dakota Constitution to issue original and remedial writs. Under N.D.C.C. § 27-02-04, the supreme court has supervisory power over inferior courts and may issue writs in the exercise of this power.
A petition for a supervisory writ is not an alternative to an appeal. The supreme court will issue a supervisory writ only to rectify errors and prevent injustice when no adequate alternative remedy exists.
Other extraordinary writs are set out in the North Dakota Century Code. See N.D.C.C. ch. 32-34, for writ of mandamus; N.D.C.C. ch. 32-35, for writ of prohibition; N.D.C.C. ch. 32-33, for writ of certiorari; and N.D.C.C. ch. 32-06 for writ of injunction.
SOURCES: Joint Procedure Committee Minutes of____________________.
CROSS REFERENCE: N.D. Const. Art. VI, Sec. 2; N.D.C.C. § 27-02-04; N.D.R.App.P. 32 (Form of Briefs, Appendices and Other Papers).