Ky. Cir. Ct. Clerks' Manual WRIT OF PROHIBITION/WRIT OF MANDAMUS

103 WRIT OF PROHIBITION/WRIT OF

MANDAMUS

CR 81, RAP 60

Circuit Court Process Map

 A writ of prohibition is an original action in circuit court directing a district judge or

other party not to perform an act.

 A writ of mandamus is an original action in circuit court directing a district judge or

other party to perform an act.

 If you receive a petition for writ of prohibition or mandamus pertaining to a circuit

judge's ruling, direct the petitioner to file the petition in the court of appeals.

103.1 Petition, Response, and Disposition

Quick Reference

1. Upon receipt of a petition for writ of prohibition or mandamus, collect

Collect filing fees

filing fees as set forth in the Accounting Manual and give a receipt. Do

not apply the FILED stamp or process the petition until the filing fees

are paid. RAP 60(B).

EXCEPTIONS: the following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

File, date, initial

2. Assign a division using the procedure in your local court rules. Generate Case type: WRITS

the next case number for circuit civil CI cases or use the next

pre-numbered file folder.

3. If the petitioner is seeking to proceed In Forma Pauperis, the petition

must be accompanied by a Motion for Leave to Proceed In Forma Civil CI Cases

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how

to process a Motion for Leave to Proceed In Forma Pauperis and the Do not issue summons

tendered petition. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth.

4. Apply the FILED stamp to the petition; add the date and your initials. Event type REV

RAP 5(D) For instructions on opening the case, see the Case Add section

of the KyCourts Manual. Case type: WRITS

File, date, initial

5. Do not issue a summons.

Deliver to judge

WRIT OF PROHIBITION/WRIT OF MANDAMUS

6. Schedule an event 20 days from the date of the filing of the petition by

completing a scheduled events screen. Complete a schedule event

screen using 'Review' and memo "deliver file to circuit judge on this date

if no response has been filed."

7. If a response is filed, apply the FILED stamp; add the date and your

initials. RAP 5(D) File on a document screen. Replies are not permitted.

Take the file to the judge. RAP 60(G)

8. Upon receipt of a signed order, apply the ENTERED stamp; add the date Quick Reference

and your initials. Enter, date, initial

9. Enter the order on the document screen. After the order is entered

serve notice of entry on the parties and the real party in interest (party Enter order

who prevailed in district court or other underlying matter) and make an

entry on the document screen showing the manner (electronic, mail or

NOE

personal delivery) and date of the service of notice of entry of the order.

See Notice of Entry.

10. If no appeal is filed within 30 days, close the case by completing the Close case screen

disposition date, disposition type, and judge in the disposition fields on

the case screen.

103.2 Appeals to Court of Appeals

RAP 60(J)

1. The petitioner or respondent has 30 days after entry of the order in which

to file an appeal or cross-appeal.

2. Upon receipt of a Notice of Appeal, collect filing fees for Appeals to Court

of Appeals as set forth in the Accounting Manual and give a receipt.

NOTE: Do not apply the FILED stamp or process the NOA until the filing

fees are paid. CR 5.05(4); RAP 60(J)(2).

NOTE: See Section 4.1.3 if the notice of appeal is accompanied by a

Motion for Leave to Proceed In Forma Pauperis.

3. File on document screen. Use document type NA.

4. You have 30 days to index, bind, and certify the record (including the

official recordings of any hearings) to the Court of Appeals. RAP 26(B)(4).

If there is a cross-appeal see Circuit Court Appeals in this Manual. Do not

send the record to the Court of Appeals until requested. RAP 60(J)(3). For

more information, see Appeals.

103.3 Motions for Emergency Relief

RAP 60(H)

1. Any party may file a motion for emergency relief with the circuit court prior to

the court issuing a ruling on the petition. RAP 60(H)(1).