Rule 410. Petitions for Extraordinary Writs


RULE 410.  Petitions for Extraordinary Writs and Class Action Certification Filings.

(a)     Number of Copies.  One paper copy of all filings in a writ proceeding or petitions to appeal class action certification orders, including the writ summary, petition, suggestions in support, suggestions in opposition, answer, and exhibits, shall be filed. 

(b)    Briefs.  Five paper copies of briefs shall be filed.  Briefs shall comply with the Supreme Court Rules.

(c)    Contents of Exhibits.  The party filing the writ petition shall include in the exhibits to the petition any legal memorandum (e.g., motion or suggestions in opposition) filed in the lower court or agency, which advocated a position contrary to the relief requested in the petition.  If the legal memorandum included exhibits or attachments exceeding 25 pages, the exhibits or attachments to the legal memorandum may be omitted.  Any such omission shall be indicated on the copy of the legal memorandum filed as an exhibit to the petition.

(d)    Electronic Copy Filing.  A party, other than a person allowed to proceed as a poor person or a person in custody who is filing a pro se writ petition, who files any document listed in subsection (a) of this rule shall also file a floppy disk, CD-R, DVD-R, or electronic mail message with an attachment containing a copy of the documents. The documents shall be formatted in “portable document format” or “PDF.”   The floppy disk, CD-R, or DVD-R shall have an adhesive label affixed to the disk legibly identifying the caption of the case and the disk number (e.g., “Disk 1 of 2”).  An electronic mail message shall contain an attachment containing a copy of the filing in compliance with Rule 84.06(h). 

(e)    Child Custody Habeas Proceedings. In child custody habeas corpus proceedings, petitioner or petitioner’s attorney shall file the Writ Service Information form, using the form attached to and made a part of this rule.

Effective date:  November 13, 2012.


Writ Service Information Form


Petitioner’s Attorney:

Name:

Address:

Telephone Number:


Respondent’s Attorney:

Name:

Address:

Telephone Number:


Respondent - Party(ies) to be served with Writ

Name:

Home Address:

Business Address:

Telephone Number: Business _______________ Home _____________

Automobile: Make ___________ Model _____________

Year ___________ License No. ____________


Other places Respondent(s) might be served, such as Parents’ address, etc.



Physical description of the respondent, if known:

Height:

Weight:

Sex:

Race:

Distinguishing Features: