Fla. Fam. L. R. P. 12.630

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;

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(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.

2012 Amendment. This rule is amended to provide for service

in accordance with Florida Rule of Judicial Administration 2.516.