As amended through June 26, 2024
Rule 21 - [Effective until 8/15/2024] Writs of Mandamus and Prohibition and Other Extraordinary Writs(a)Mandamus or Prohibition: Petition for Writ; Service and Filing.(1)Filing and Service. A party petitioning for a writ of mandamus or prohibition must file a petition with the clerk of the Supreme Court with proof of service on the respondent judge, corporation, commission, board or officer and on each real party in interest. A petition directed to a court shall also be accompanied by a notice of the filing of the petition, which shall be served on all parties to the proceeding in that court. (2)Caption. The petition shall include in the caption: the name of each petitioner; the name of the appropriate judicial officer, public tribunal, corporation, commission, board or person to whom the writ is directed as the respondent; and the name of each real party in interest, if any.(3)Contents of Petition. The petition must state: (A) whether the matter falls in one of the categories of cases retained by the Supreme Court pursuant to NRAP 17(a) or presumptively assigned to the Court of Appeals pursuant to NRAP 17(b);(C) the issues presented;(D) the facts necessary to understand the issues presented by the petition; and(E) the reasons why the writ should issue, including points and legal authorities.(4)Appendix. The petitioner shall submit with the petition an appendix that complies with Rule 30. Rule 30(i), which prohibits pro se parties from filing an appendix, shall not apply to a petition for relief filed under this Rule and thus pro se writ petitions shall be accompanied by an appendix as required by this Rule. The appendix shall include a copy of any order or opinion, parts of the record before the respondent judge, corporation, commission, board or officer, or any other original document that may be essential to understand the matters set forth in the petition.(5)Verification. A petition for an extraordinary writ shall be verified by the affidavit of the petitioner or, if the petitioner is unable to verify the petition or the facts stated therein are within the knowledge of the petitioner's attorney, by the affidavit of the attorney. The affidavit shall be filed with the petition.(6)Emergency Petitions. A petition that requests the court to grant relief in less than 14 days shall also comply with the requirements of Rule 27(e).(b) Denial; Order Directing Answer.(1) The court may deny the petition without an answer. Otherwise, it may order the respondent or real party in interest to answer within a fixed time.(2) Two or more respondents or real parties in interest may answer jointly.(3) The court may invite an amicus curiae to address the petition.(4) In extraordinary circumstances, the court may invite the trial court judge to address the petition.(c) Other Extraordinary Writs. An application for an extraordinary writ other than one provided for in Rule 21(a) shall be made by filing a petition with the clerk of the Supreme Court with proof of service on the parties named as respondents and any real party in interest. Proceedings on the application shall conform, so far as is practicable, to the procedure prescribed in Rule 21(a) and (b).(d) Form of Papers; Length: Number of Copies. All papers must conform to Rule 32(c)(2). An original and 2 copies shall be filed unless the court requires the filing of a different number by order in a particular case. A petition shall not exceed 15 pages unless it contains no more than 7.000 words (or 650 lines of text in a monospaced typeface) or the court grants leave to file a longer petition. Unless the court directs otherwise, the same page and type-volume limits apply to any answer. reply, or amicus brief allowed by the court. A motion to exceed the page or type-volume limit in this rule must comply with Rule 32(a)(7)(D)(e) Certificate of Compliance. A petition filed under this Rule and any answer, reply, or amicus brief allowed by the court must include a certificate of compliance that comports with NRAP 32(a)(9).(f)Disclosure Statement. A petition and any answer thereto shall be accompanied by the disclosure statement required by NRAP 26.1.(g) Payment of Fees. The court shall not consider any application for an extraordinary writ until the petition has been filed; and the clerk shall receive no petition for filing until the $250 fee has been paid, unless the applicant is exempt from payment of fees, or the court or a justice or judge thereof orders waiver of the fee for good cause shown.As amended; effective 10/1/2015; amended effective 1/1/2017; amended effective 6/8/2020.