![]() ![]() In addition, in some types of writ proceedings, such as when a party files a petition for writ of mandamus or prohibition, the judge in the lower tribunal must also be (a) named as a respondent in the body of the petition, but not in the case name ( caption), and (b) served with a copy of the petition for writ mandamus or prohibition. Depending on the type of writ, the deadline is usually 30 days from the date the challenged order was entered or action performed. In an appeal, the appealing party is the “ appellant,” and the opposing party is the “ appellee.” In contrast, in a writ proceeding the party petitioning the appellate court is called the “ petitioner,” and the opposing party is called the “ respondent.” A writ proceeding is begun by filing the petition, which is like the initial brief, directly with the appellate court (unlike an appeal, which begins by filing a notice of appeal in the lower tribunal). The writ petition is filed in the appellate court and served on the opposing parties. First, the parties to a petition have different titles than in an appeal. ![]() See also Florida Rule of Appellate Procedure 9.310.Īn extraordinary writ petition is not the same as an appeal. Stay motions are discussed in Chapter 11 of this Handbook. Rather, to stay the lower tribunal proceedings during the writ proceeding, a party would normally have to also move for and be granted a stay. Filing a writ petition usually does not stay (stop) the proceedings in the lower tribunal. ![]() In civil cases, writs are most commonly used to: compel a judge or other official to perform a ministerial act he or she refuses, but is required, to do (writs of mandamus) prevent a lower tribunal from performing an act it has no jurisdiction to do (writs of prohibition) or challenge non-final orders that cannot otherwise be immediately appealed (writs of certiorari). An extraordinary writ petition can be filed, provided certain criteria are satisfied, with the appellate court while the case is still going on in the lower tribunal. See Florida Rule of Appellate Procedure 9.100. Writ petitions can only be used in very rare, or “extraordinary,” circumstances, where there is no other adequate remedy or ability to appeal. An extraordinary writ petition is a different way to ask an appellate court to review the actions or inactions of a lower tribunal. ![]()
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