skip navigation
search

TITLE 38 App. > RULES > Rule 21

Rule 21. Extraordinary Relief

(a) Petition; Service, Content, and Filing. A party desiring extraordinary relief must file a petition with the Clerk with proof of service on the respondent(s), the Secretary (if not a respondent), and any other party in interest. The petition must—
(1) state the precise relief sought;
(2) state the facts necessary to understand the issues presented by the petition;
(3) state the reasons why the petition should be granted, including why the petitioner has a clear and indisputable right to the writ and why there are inadequate alternative means to obtain the relief sought;
(4) include an appendix containing copies of any order or decision or any other documents necessary to understand and support the petition; and
(5) describe any public officer who is a respondent as the respondent by name and official title.
The requirements of Rules 3 (e) and 24 (regarding fees) apply to petitions. Upon receipt of the filing fee (unless waived pursuant to Rule 24), the Clerk will docket the petition and submit it to the Court.
(b) Action on the Petition. Unless the Court concludes that the petition should be denied, it will order the respondent(s) to file an answer to the petition within a fixed time and will send copies of the order to all parties. Two or more respondents may answer jointly. The Clerk will notify the parties of the time limits for the filing of any briefs and of the date of any oral argument. The proceeding will be given priority by the Court.
(c) Form and Length of Papers; Number of Copies; Translations. Except by permission of the Court, the requirements in Rule 32 apply to petitions and answers thereto, except that a petition or answer may not exceed 20 pages. An original and three copies must be filed with the Clerk, but the Court may direct that additional copies be furnished. The petition must be captioned: “[Name of Petitioner], Petitioner, v. [Name and Title of Respondent], Respondent.” See also Rule 6 (Protection of Privacy). The requirements of Rule 3 (h) regarding translations apply to any non-English-language document appended to a petition or an answer.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.