Rule 43 - Extraordinary writs(a)Scope of rule. -This rule governs the exercise of the Court's original jurisdiction over proceedings involving writs of certiorari, mandamus, prohibition, quo warranto or other extraordinary writs.(b)Procedure. -(i)Commencement and contents. -A proceeding involving an extraordinary writ shall be commenced by serving all other parties to the proceeding below and by filing with the Clerk of the Court 6 copies of a complaint substantially in the form prescribed by Official Form N. If the complaint relates to a current proceeding in a trial court, the Clerk of the Court shall forthwith forward a duplicate of the complaint to the clerk of such court for filing therein. All other parties to the action in the trial court shall be deemed respondents, notwithstanding the fact that the relief sought is not specifically directed to them. If the complaint is directed to a trial judge, or to a court as an entity, the caption of the complaint shall not bear the name of the judge or court. In the body of the complaint the name of the judge or court shall be set forth with particularity. The complaint shall be captioned only in the name of complainant.(ii)Answer requested. -An answer is requested to be filed within 20 days of the filing of the complaint with the Court. The answer may include any affirmative defense or grounds for dismissal or denial of the complaint, and unless the Court otherwise directs, no further submissions of the parties shall be accepted. If the complaint is directed against a judge who does not desire to appear or participate in the proceeding, the judge may so advise the Clerk by letter. The Clerk shall notify all other parties to the proceeding. The complaint shall not be taken as admitted whether or not such a letter is submitted.(iii)Brief schedule. -In the event that the Court requires briefing on the matter, it shall so notify the parties and the matter shall be briefed in accordance with the rules applicable to appeals. The opening brief of complainant shall be due within 30 days after service of the answer, unless the answer includes an affirmative defense or grounds to dismiss or deny the complaint, in which event the opening brief shall be due within 30 days after the Court has determined that the complaint shall not be dismissed. In all other respects, the matter shall be briefed in accordance with the rules applicable to appeals.(iv)Stay not automatic. -The filing of a complaint for an extraordinary writ shall not operate as an automatic stay. Applications for stays shall be processed in the same manner as stays pending appeals under Rule 32.(v)Fact finding hearing. -The Court may order an issue of fact to be tried before a special master or order testimony to be taken by a commissioner at such time and place and in such manner as the Court shall direct.(vi)Superior court action required. -A complaint shall not be filed under this rule for a writ to be issued to the Court of Common Pleas, a Justice of the Peace Court, or the Municipal Court of the City of Wilmington or to a judge thereof, unless a petition for such writ shall have been first presented to and denied by the Superior Court. When a writ is sought under this rule following such denial, a copy of the opinion, if any, shall be served and filed with the complaint.(vii)No further submissions. -Upon receipt of the writ, no further submissions by the petitioner will be accepted without leave of the Court.Last amended effective 6/1/2015.