Amy Beauchaine, Esq.

Rule (b) (3) Original Jurisdiction. District courts of appeal may issue writs of prohibition. What is a writ of prohibition?

Rule (e) Petitions for Writs of Prohibition Directed to a Judge or Lower Tribunal. When a petition for a writ of prohibition seeks a writ directed to a judge or lower tribunal, the following procedures apply: (1) Caption. The name of the judge or lower tribunal shall be omitted from the caption. (2) Parties. The judge or the lower tribunal is a formal party to the petition for prohibition and must be named as such in the body of the petition. The petition must be served on all parties, including any judge or lower tribunal who is a formal party to the petition. (3) Response. The judge or lower tribunal has no obligation to file a response (but may do so). The absence of a response by the judge or lower tribunal is not deemed to be an admission of the allegations of the petition.

Rule JURISDICTION OF LOWER TRIBUNAL PENDING REVIEW (c) Family Law Matters. In family law matters: (1) The lower tribunal retains jurisdiction to enter and enforce orders awarding separate maintenance, child support, alimony and attorneys’ fees. (2) The receipt, payment, or transfer of funds or property under an order in a family law matter shall not prejudice the rights of appeal of any party. (3) Review of orders entered pursuant to this subdivision shall be by motion filed in the court within 30 days of rendition.