§ 84.24 Procedure as to Original Writs
84.24. Procedure as to Original Writs
(a) 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 appropriate number of copies of 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; 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, 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. A copy of such suggestions shall be served on the petitioner or relator prior to or on the day of filing of such suggestions. Proof of such service shall be filed with the clerk.
(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.
(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, 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, and no record need be prepared in the appellate court.
(h) The transcript of the evidence heard by a master, and the report of such master, may be in typewritten form.
(i) 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 thirty days from the answer date in the preliminary order, respondent's brief shall be filed within twenty 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.
(j) 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.
(k) 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.
(l) If a peremptory 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.
(m) If a peremptory writ is denied without an opinion issuing, a motion for reconsideration of the court's action, however denominated, shall not be filed.
(n) 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.