D.C. App. R. 21

TITLE IV. EXTRAORDINARY WRITS;

CERTIFICATION OF QUESTIONS OF LAW

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs.

(a) Mandamus or Prohibition to a Superior Court Judge or a District of Columbia Officer: Petition,

Filing, Service and Docketing.

(1) A party petitioning for a writ of mandamus or prohibition directed to a Superior Court judge

or a District of Columbia officer must file a petition with the Clerk of this court with proof of

service on all parties to the proceeding in the Superior Court or before the affected agency. The

party must also provide a copy to the judge or District of Columbia officer. The District of

Columbia officer and all parties to the proceeding in the Superior Court other than the petitioner

are respondents for all purposes.

(2)(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(s) 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 fee, the 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(s) to answer within a fixed time.

(2) The Clerk must serve the order to answer on all respondents.

(3) Two or more respondents may answer jointly.

(4) The District of Columbia officer may inform the court and all parties in writing that he or she

does not desire to appear in the proceeding, but the petition will not thereby be deemed admitted.

This court may invite or order the Superior Court judge to address the petition or may invite an

amicus curiae to do so. The Superior Court judge may request permission to address the petition

but may not do so unless invited or ordered to do so by this court.

(5) If briefing or oral argument is required, the Clerk must advise the parties of the dates by

which briefs are to be filed, and of the date of oral argument.

(6) The proceeding must be given preference over ordinary civil cases.

(7) The Clerk must send a copy of the final disposition to the Superior Court judge or District of

Columbia officer.

(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 Clerk of this court with proof of service

on the respondent. Proceedings on the application must conform, so far as is practicable, to the

procedures prescribed in Rule 21(a) and (b).

(d) Form of Filings. All filings must conform to Rule 32. Except by the court’s permission, a

document must not exceed 30 pages.