Rule 22 - Mandamus and Prohibition(a)Petition for Writ-to Which Appellate Court Addressed. Applications for the writs of mandamus or prohibition directed to a judge, judges, commissioner, or commissioners shall be made by filing a petition therefor with the clerk of the court to which appeal of right might lie from a final judgment entered in the cause by the judge, judges, commissioner, or commissioners to whom issuance of the writ is sought.(b)Petition for Writ-Filing and Service; Content. The petition shall be filed without unreasonable delay after the judicial action sought to be prohibited or compelled has been undertaken, or has occurred, or has been refused, and shall be accompanied by proof of service on the respondent judge, judges, commissioner, or commissioners and on all other parties to the action. The petition shall contain a statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issues presented and of the relief sought; a statement of the reasons why the writ should issue; and certified copies of any order or opinion or parts of the record that may be essential to an understanding of the matters set forth in the petition. The petition shall be verified by counsel or the petitioner. Upon receipt of the prescribed docket fee, the clerk shall docket the petition.(c)Response; Determination by Court. Within ten days after service of the petition the respondent or any party may file a response thereto with supporting affidavits or certified portions of the record not filed with the petition. Filing shall be accompanied by proof of service upon all other parties. The court for good cause shown may shorten the time for filing a response. Determination will be made on the basis of the petition, the response, any supporting items, and any briefs filed under Rule 28.1. Except as provided by Rule 28.1, no briefs or oral argument will be received or allowed unless ordered by the court upon its own initiative.287 N.C. 671; 324 N.C. 613; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 379 N.C. 694; Order Dated 18 October 2023.
Amended October 13, 2021, effective 1/1/2022; amended October 18, 2023, effective 11/20/2023; amended June 18, 2024, effective 6/18/2024.