Rule 13 - Extraordinary Writs(a)Petition for Issuance of Writ. Other than for habeas corpus and except where otherwise provided for by statute a proceeding seeking the issuance of an extraordinary writ shall be by petition. The petition shall include: (1) A concise statement of the case containing the facts material to consideration of the questions presented in sufficient detail as to enable the Supreme Court to determine the desirability of issuance of the writ;(2) A statement setting forth with particularity why the relief sought is not available in any other court, or cannot be had through other appellate processes, including whether a notice of appeal has been filed with the Supreme Court and why that is not sufficient; and(3) A copy of any order or opinion which the petitioner seeks to have reviewed and any other parts of the record which may be essential to an understanding of the matters set forth in the petition. A memorandum shall be appended to the petition stating the grounds relied upon by the petitioner, together with citations of the authorities in support thereof. The petitioner shall serve upon all other parties a copy of said petition and memorandum. The petitioner shall file the petition and memorandum in the office of the Clerk of the Supreme Court and shall pay to the clerk a filing fee of one hundred fifty dollars ($150) per petitioner.
(b)Memorandum in Opposition. Within (20) days after service of a petition for issuance of an extraordinary writ, together with the supporting memorandum, or within such other time as the Supreme Court or a justice thereof shall order, any adverse party may file a memorandum in opposition, disclosing any matter or ground why the writ should not issue, and shall serve a copy thereof upon the petitioner and all other parties. No motion by a respondent to dismiss, quash, supersede, or such other motion on application for an extraordinary writ will be received. Objections to the jurisdiction of the Supreme Court to grant the writ petitioned for may be included in the memorandum in opposition.(c)Reply Memorandum. The petitioner may file a reply memorandum within ten (10) days after service of the memorandum in opposition. No party may file any further memorandum or brief without the prior approval or direction of the Supreme Court.(d)Form and Manner. All papers filed pursuant to this Rule shall be submitted in the form and manner set forth in Rule 18.(e)Order Granting or Denying Petition. Upon the granting or denying of a petition, an appropriate order will be entered and the Clerk of the Supreme Court shall give notice thereof to all parties. If the petition is granted, appropriate process shall issue and the cause shall thereafter proceed in accordance with these rules. It shall be incumbent upon the petitioner to comply with the requirements of these rules for the preparation and transmission of the record on appeal. In the case of certiorari petitions, the parties shall comply with Rule 12A. If the writ in question calls for review of the record of a court or other tribunal, allegations of fact contained in the petition which are not contained in the record under review shall not be considered to be established. A denial of a petition, without more, is not an adjudication on the merits and has no precedential effect, and such action is to be taken as being without prejudice to a further application to the Supreme Court or any court for the relief sought.(f)Stay Pendente Lite. A petitioner may apply to any justice of the Supreme Court for a stay of other proceedings pending a determination by the Court on the issuance of the writ.(g)Effectiveness of Other Provisions. Except as herein specifically amended, modified, changed, or supplemented, all rules and statutory provisions in respect to the extraordinary writ shall remain in full force and effect.Amended effective 6/19/2020; Revised 10/1/2023.