Rule 84.24 - Procedure as to Original Writs(a) Proceedings on petitions for original remedial writs shall be as prescribed in these Rules 84.22 through 84.26 and in Rules 91 through 98 as applicable. Petitions for original remedial writs shall be accompanied by a docket fee in the amount specified by Rule 81.04(d). The petition shall be filed by the clerk of the court to which it is presented upon presentation of: (1) The petition and the writ summary, which shall not exceed one page exclusive of the caption and identity of the parties and their attorneys in the underlying action, substantially in conformity with Civil Procedure Form No. 16;(2) Suggestions in support of the petition;(3) The docket fee; a statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or a motion to proceed in forma pauperis; and(4) Proof of service, prior to or on the day of presentation of the petition for filing, of a copy of the petition, the writ summary, and the suggestions in support of the petition upon the respondent and, if applicable, all parties in the underlying action. Such proof of service shall state the name, address, electronic mail address, and telephone number of:(A) Each attorney served and the name of the party such attorney represents, and(B) Each self-represented party served. (b) The filing of a petition for an original remedial writ does not affect the authority of the respondent to act or the validity of the respondent's action. (c) Within ten days after the filing of the petition for an original writ, the respondent may file suggestions in opposition to the issuance of the writ. Within that same time, any party in the underlying matter may file suggestions in opposition, either individually or jointly with any other person filing such suggestions. (d) Except as provided in Rule 84.24(e), the writ shall not issue before the expiration of the time for the respondent to file suggestions in opposition to the issuance of the writ. A denial of the petition for the writ may be made at any time after filing of the petition. If a preliminary writ is issued, an answer to the petition shall be filed within such time as the court specifies by order. Within that same time, any party in the underlying matter may file an answer to the petition, either individually or jointly with any other person filing an answer. In issuing a preliminary writ, appellate courts may use the forms approved for use in the circuit courts or employ other language as the circumstances may require. (e) Whenever in the judgment of the court the purpose of the writ would be defeated if the time limits set forth in Rule 84.24(c) or Rule 84.24(d) are enforced, the court, on motion of the petitioner or relator or on its own motion, may shorten the time for filing suggestions in opposition to the petition or dispense with such time limits altogether, and it may issue the writ upon the expiration of the time as so shortened or, if the court dispenses with such time, immediately. (f) Oral argument will not be granted on petitions for original remedial writs. (g) The petition for the writ, together with the suggestions in support thereof, any exhibits accompanying the petition, all suggestions in opposition, the writ and return of service thereon, the answer made to the petition for the writ, and all other papers, documents, orders, and records filed in the appellate court constitute the record. No record under Rule 81.12 is required. (h) If the writ is issued, briefs shall be filed as is required on appeals, except that the time for filing the briefs shall be as follows: The brief of the petitioner or relator shall be filed within 30 days from the answer date in the preliminary order; respondent's brief shall be filed within 20 days thereafter; and if petitioner or relator desires to file a reply brief, it shall be filed within ten days thereafter. When a master is appointed, the time for filing briefs shall date from the filing of the report or, if exceptions are filed, from the time of disposition of the exceptions. (i) Whenever in the judgment of the court the procedure heretofore required would defeat the purpose of the writ, the court may dispense with such portions of the procedure as is necessary in the interest of justice. (j) No petition for a writ of habeas corpus for the purpose of having the petitioner admitted to bail in any criminal case, either before trial or while such is pending in the appellate court upon appeal, shall be considered unless service of the petition and suggestions in support thereof, as required by Rule 84.24(a), be made upon the attorney general in cases pending upon appeal or otherwise on the prosecuting officer of the jurisdiction in which such criminal case originated. (k) If a permanent writ in mandamus or prohibition is ordered to issue, the court shall issue an opinion setting out its reasons for issuing the writ. The opinion shall be filed contemporaneously with the order to issue the writ or, if exigent circumstances require, within a reasonable time after the issuance of the writ. (l) If a permanent writ is denied without an opinion issuing, a motion for reconsideration of the court's action, however denominated, shall not be filed. (m) If the court disposes of a petition for a writ by the issuance of an opinion, further review of the action shall be allowed only as provided in Rule 83 and Rule 84.17.Adopted June 13, 1979, effective 1/1/1980. Amended July 27, 1979. Amended June 5, 1980, effective 1/1/1981. Amended September 10, 1982, effective 1/1/1983. Amended April 21, 1988, effective 1/1/1989. Amended June 1, 1993, effective 1/1/1994. Amended October 24, 1995, effective 7/1/1996. Amended May 15, 1998, effective 1/1/1999. Amended April 25, 2003, effective 1/1/2004. Amended June 21, 2005, effective 1/1/2006. Amended December 22, 2009, effective 7/1/2010. Amended August 23, 2011, effective 1/1/2012; repealed and readopted May 19, 2016, eff. 1/1/2017; amended Nov. 19, 2019, eff. 7/1/2020.