Legal Definitions - extraordinary writ

An extraordinary writ is a special type of formal written order issued by a higher court, typically in unusual or urgent circumstances, when there is no other adequate legal way to resolve a problem. These writs are considered "extraordinary" because they are not part of the standard appeal process or routine court procedures.

They are usually sought to compel a public official or a lower court to perform a specific duty, stop an illegal action, or correct a significant legal error that would otherwise cause irreparable harm. Common types of extraordinary writs include mandamus (to compel action), prohibition (to stop action), and certiorari (to review a lower court's decision).

• Example 1: Compelling a Government Agency to Act

  Imagine a situation where a state environmental agency has a clear legal duty to issue a permit for a new, compliant renewable energy facility after all statutory requirements have been met. However, for no valid legal reason, the agency continuously delays or refuses to issue the permit, effectively preventing the project from moving forward. The company seeking the permit could petition a higher court for an extraordinary writ of mandamus.

  This illustrates an extraordinary writ because the court would be issuing a direct order to a government agency, compelling it to perform a specific legal duty that it is unlawfully neglecting, thereby providing a remedy when standard administrative appeals have failed or are inadequate.

• Example 2: Stopping a Lower Court from Exceeding its Authority

  Consider a local traffic court that attempts to hear a complex felony case involving drug trafficking. Felony cases, by law, must be heard in a higher criminal court with appropriate jurisdiction. The defendant's lawyer could seek an extraordinary writ of prohibition from a superior court to prevent the traffic court from proceeding with the felony trial.

  This demonstrates an extraordinary writ being used to stop a lower court from acting outside its legal authority or jurisdiction. The writ ensures that courts only handle cases they are legally empowered to hear, preventing a fundamental error that would invalidate any judgment.

• Example 3: Reviewing an Administrative Board's Decision Without a Direct Appeal

  Suppose a professional licensing board revokes a doctor's license based on a decision that the doctor believes was made without due process and involved a clear misinterpretation of the relevant regulations. If the state's statutes do not provide a direct appeal route to a higher court for this specific type of board decision, the doctor might petition a higher court for an extraordinary writ of certiorari.

  This shows an extraordinary writ being used to obtain judicial review of a governmental body's decision when standard appeal mechanisms are absent. The writ allows a higher court to examine the legality and fairness of the board's actions, ensuring that administrative bodies act within legal bounds and respect fundamental rights.