Ind. R. P. Orig. Act'n, Man. & Prohib. 5

As amended through February 15, 2024
Rule 5 - Disposition of Petitions
(A) Petition Granted - Issuance of Writ - Filing With Clerk - Disposition. If the application for writ of mandamus or prohibition is granted, either an alternative or permanent writ will be issued. If the alternative writ is issued, the respondent court shall be given 20 days to file a return. See Rule 3(E)(2). The return shall show compliance with the writ or state reasons why the writ should not be made permanent.

If the return shows compliance with the alternative writ, the Supreme Court will enter an order dismissing the original action as moot.

If the return contests the alternative writ, the Relator shall have five (5) days after service of the return to file a brief in opposition to the return. Any parties opposing the alternative writ other than the respondents also may file a further brief no later than five (5) days after service of the return.

The Supreme Court thereafter will dispose of the original action by written order or opinion without further hearing or the filing of any further papers, unless requested by the Court.

The Supreme Court may alter, by order, any time limit established by this Rule.

(B) Petition Denied. If the petition is denied, an order of denial shall be entered expeditiously. The denial of the petition will end the proceedings, regardless of whether the Court has conducted a hearing.
(C) Petitions for Rehearing. No petitions for rehearing or motions to reconsider shall be filed after final disposition of the original action.

Ind. R. P. Orig. Act'n, Man. & Prohib. 5

Amended Nov. 20, 1980, effective 1/1/1981; amended effective 6/8/1988; amended Oct. 29, 1993, effective 1/1/1994; amended effective 5/11/1994; amended Dec. 22, 2000, effective 1/1/2001; amended Oct. 30, 2020, effective 1/1/2021.