Supreme Court Rules - Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts: Granting Original Writs

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	84.22
Subject:	Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts	Publication / Adopted Date:	June 13, 1979
Topic:	Granting Original Writs	Revised / Effective Date:	July 1, 1997

84.22. Granting Original Writs

(a) No original remedial writ shall be issued by an appellate court in any case wherein adequate relief can be afforded by an appeal or by application for such writ to a lower court.

(b) If a judgment has been entered and an appeal of the judgment is pending or the time for filing an appeal has not expired, no original remedial writ shall be issued by an appellate court, or any district thereof, with respect to any matter collateral to the appeal unless the appeal is pending in the court and district, if the appeal has been filed, or the court and district would have jurisdiction of the appeal if one is timely filed. For purposes of this Rule 84.22(b), a motion filed pursuant to Rule 24.035 or Rule 29.15 is a matter collateral to the appeal.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended April 26, 1994, eff. Jan. 1, 1995; Oct. 22, 1996, eff. July 1, 1997.)