Court of appeals · Petitions
Petition for Writ of Mandamus or Prohibition (FRAP 21)
Seeks an extraordinary writ directed to a lower court.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Relief sought, issues presented, facts, and reasons the writ should issue (FRAP 21(a)(2)(B))
- Copies of any order, opinion or parts of the record essential to understand the petition (FRAP 21(a)(2)(C))
- Service on all parties and the trial-court judge (FRAP 21(a)(1))
- Certificate of compliance with the type-volume limit (FRAP 32(g)(1))
Deadline and length
Length: 7,800 words or 30 pages (FRAP 21(d)(1)).
Governing rules
- FRAP 21
Check the local rules for
Applies in federal courts of appeals. Find your court for its local requirements.
Other petitions
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Track the deadline, service and filing checklist alongside the rest of the matter.