San Antonio, TX asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas

Q: How do I properly file a petition for writ of prohibition

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the person seeking the writ, also called the relator]." The form and contents of the petition are described in Rule 52.3 which is too long to include in the field to answer a question on Justia. The relator must also file separately with the appropriate appellate court the Record as described in Rule 52.7.

A petition for writ of prohibition is a very rare type of appellate proceeding. Of 1,256 cases filed in the Supreme Court of Texas in 2023, only 3 were petitions for writ of prohibition. All 3 were denied.

Obviously, no appeal is a DIY project. Even experienced trial lawyers often refer appellate matters to other attorneys with specific experience in appellate law. Given the extremely rare circumstances for which a writ of prohibition is the appropriate remedy, you should definitely consider consulting an experienced appellate lawyer before spending time and money on a petition for writ of prohibition even if your trial lawyer suggested this as a possible alternative under your particular facts and circumstances.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to another. Familiarize yourself with the applicable laws and regulations governing writs of prohibition to ensure that your petition meets all necessary criteria and is filed correctly.

Next, draft your petition using the appropriate legal format and language. Clearly state the grounds for your petition, including the specific legal basis for seeking the writ of prohibition. Provide detailed facts and evidence to support your claims and demonstrate why the court should grant your petition. Be sure to include all relevant information, such as the parties involved, the nature of the dispute, and any prior court proceedings or rulings related to the matter.

Once your petition is complete, file it with the appropriate court according to the court's filing procedures and deadlines. Make sure to include any required documentation, such as a statement of facts, supporting affidavits, or copies of relevant court orders. After filing, serve a copy of the petition on all parties involved in the case and follow any additional requirements for serving court documents. Finally, attend any scheduled hearings or proceedings related to your petition and be prepared to present your case to the court in a clear and concise manner. By following these steps and adhering to the court's procedures, you can properly file a petition for a writ of prohibition and seek appropriate relief in your legal matter.

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