2.05.270 [Rule 25] Extraordinary Writs

(a) Writs of Mandamus and Prohibition

The applicant for a writ of mandamus or of prohibition shall file a petition and the appropriate fee with the Clerk of the Appellate Court. The petition shall contain a statement of the facts necessary for an understanding of the issues presented; a statement of issues presented; an argument with respect to the issues presented; a statement of relief sought; and copies of any order, or opinion, or parts of the record which is necessary for an understanding of the matters set forth in the petition.

(b) Service of Petition

The petition for a writ of mandamus or of prohibition shall be served on the respondent judge, and if not a judge, then on the party against whom the writ is sought, and upon all parties to the action in the Court or administrative agency pursuant to Section 2.05.050, Rule 3.

If the Appellate Court is of the opinion that the writs should not be granted, it shall deny the petition. Otherwise, the Appellate Court shall grant an alternative writ and order the respondent to show cause why the Writ should not be made permanent. The response to the petition shall be filed by the respondent within the time determined by the Appellate Court. The order shall be served by the Clerk on the respondent and on all parties to the action. All parties below, other than the petitioners, may be deemed respondents. If the respondent judge does not intend to appear in the proceedings, he shall advise the Court Clerk and all other parties by letter, but the petition shall not be taken as admitted. The Clerk shall advise the parties of the date of oral argument if ordered by the Appellate Court.

(d) Other Extraordinary Writs

Petitions for extraordinary writs, other than those for mandamus or prohibition, shall conform so far as practicable to the procedures prescribed in subdivision (a), (b), and (c) of this Rule.