[RESERVED FOR FUTURE USE] WRITS OF MANDAMUS AND PROHIBITION, AND OTHER EXTRAORDINARY WRITS
(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.
(1) A party petitioning for a writ of mandamus or prohibition directed to the supreme court must file a petition with the supreme court clerk with proof of service on all parties to the proceeding in the district court. The party must also provide a copy to the district court judge. All parties to the proceeding in the district court other than the petitioner are respondents for all purposes.
(A) The petition must be titled "In re [name of petitioner]."
(B) The petition must state:
(i) the relief sought;
(ii) the issues presented;
(iii) the facts necessary to understand the issue presented by the petition; and
(iv) the reasons why the writ should issue.
(C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.
(3) Upon receiving the prescribed docket fee, the supreme court clerk must docket the petition and submit it to the court.
(b) Denial; Order Directing Answer; Briefs; Precedence.
(1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time.
(2) The supreme court clerk must serve the order to respond on all persons directed to respond.
(3) Two or more respondents may answer jointly.
(4) The supreme court may invite or order the district court judge to address the petition or may invite an amicus curiae to do so. The district court judge may request permission to address the petition but may not do so unless invited or ordered to do so by the supreme court.
(5) If briefing or oral argument is required, the supreme court clerk must advise the parties, and when appropriate, the district court judge or amicus curiae.
(6) The supreme court clerk must send a copy of the final disposition to the district court judge.
(c) Other Extraordinary Writs. An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the supreme court clerk with proof of service on the respondents. Proceedings on the application must conform, so far as is practicable, to the procedures prescribed in Rule 21(a) and (b).
(d) Form of Papers; Number of Copies. All papers must conform to Rule 32(a)(1). An original and copies must be filed unless the court requires the filing of a different number by order 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 derived from Fed.R.Civ.P. 21 and designed to clarify extraordinary writ procedure in the supreme court.
SOURCES: Joint Procedure Committee Minutes of____________________; Fed.R.Civ.P. 21.
CONSIDERED: N.D.C.C. ch. 32-34 (Writ of Mandamus); ch. 32-35, (Writ of Prohibition); ch. 32-33, (Writ of Certiorari); ch. 32-06 (Writ of Injunction).
CROSS REFERENCE: N.D.R.App.P. 32 (Form of Briefs, Appendices and Other Papers).