RULE 12.630. EXTRAORDINARY REMEDIES

(a) Applicability. This rule applies to actions for the
issuance of writs of mandamus, prohibition, quo warranto, and
habeas corpus.

(b) Initial Pleading. The initial pleading must be a petition.
It must contain:

(1) the facts on which the petitioner relies for relief;

(2) a request for the relief sought; and
(3) if desired, argument in support of the petition with
citations of authority.

The caption must show the action filed in the name of the
petitioner in all cases and not on the relation of the state. When the
petition seeks a writ directed to a lower court or to a governmental
or administrative agency, a copy of as much of the record as is
necessary to support the petitioner’s petition must be attached.

(c) Time. A petition must be filed within the time provided
by law.

(d) Process. If the petition shows a prima facie case for
relief, the court may issue:

(1) an order nisi in prohibition;

(2) an alternative writ in mandamus that may
incorporate the petition by reference only;

(3) a writ of quo warranto; or

(4) a writ of habeas corpus.

The writ must be served in the manner prescribed by law.

(e) Response. Respondent must respond to the writ as
provided in rule 12.140, but the answer in quo warranto must show
better title to the office when the writ seeks an adjudication of the
right to an office held by the respondent.

Committee Note

2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.