Petition for Writ of Mandamus
[for Return of Child]
Under Tex. R. App. P. 52, in all original proceedings in the appellate courts a single document serves as the petition and brief. The petition should follow the specific formatting and filing requirements stated in Tex. R. App. P. 9. Except under limited circumstances, all documents must now be electronically filed in the appellate courts, and the requirements for doing so are set forth in Tex. R. App. P. 9. In the caption, the proper court of appeals (or the Supreme Court of Texas) should be designated. (If emergency relief is needed, a separate motion for that relief is required. Tex. R. App. P. 52.10. See form 27-4.)
This form is a petition for mandamus seeking the return of a child. For a petition tailored for more general topics, see form 27-2.
|
The following constitutes the front cover of the petition. See Tex. R. App. P. 9.4(g). |
No. __________
In the [Court of Appeals/Supreme Court of Texas]
|
Include the following if applicable. |
[number] Judicial District
[city], Texas
|
Continue with the following. |
In re [name of party seeking relief], Relator
________________________
Petition for Writ of Mandamus
[Name]
State Bar No.:
[Email address]
[Mailing address]
[Telephone]
[Fax]
ATTORNEY FOR RELATOR
[Include if applicable: Oral Argument Requested]
|
The front cover of the petition ends here. All material above this box must be included on that front cover. |
Identity of Parties and Counsel
The following is a list of all parties and all counsel who have appeared in this matter:
|
Tex. R. App. P. 52.3(a) requires, for all counsel appearing in the trial or appellate courts, the attorney’s name and the firm or office name at the time of appearance. Additional information is required for current counsel: mailing address, telephone number, and email address. |
Relator: [name]
Attorney(s) for Relator having appeared in the [trial/appellate/trial and appellate] court(s): [name and firm or office name at time of appearance]
Attorney(s) currently appearing for Relator: [name, firm or office name, mailing address, telephone number, and email address]
Respondent: [name]
|
Include the following if applicable. In a mandamus, the respondent is often a judge or court and will not be represented by counsel. Rather, it is counsel for one or more of the real parties in interest who will be directed to file a response if one is necessary. |
Attorney(s) for Respondent having appeared in the [trial/appellate/trial and appellate] court(s): [name and firm or office name at time of appearance]
Attorney(s) currently appearing for Respondent: [name, firm or office name, mailing address, telephone number, and email address]
|
Continue with the following. |
Real party in interest: [name]
Attorney(s) for real party in interest having appeared in the [trial/appellate/trial and appellate] court(s): [name and firm or office name at time of appearance]
Attorney(s) currently appearing for real party in interest: [name, firm or office name, mailing address, telephone number, and email address]
|
Repeat above information as required for each attorney who has represented any of the parties. |
Table of Contents
|
The table of contents must include each section of the mandamus as set forth below with page references. Tex. R. App. P. 52.3(b). Page references in the table of contents should be the same as the PDF page numbers. |
Index of Authorities
|
List in alphabetical order the authorities cited in the brief grouped as to cases, constitutional references, statutes, rules, and secondary materials (treatises, law review articles, and so forth). |
Statement of the Case
|
The statement of the case should be no longer than one page and describe the status of the case. Tex. R. App. P. 52.3(d). |
1.The underlying suit is a petition for writ of habeas corpus for return of a child to Relator.
2.Respondent is [name of respondent], Judge of the [designation] Court of [county] County, Texas, whose address is [address, city, state].
3.Respondent denied relief to Relator after a hearing on [date].
|
Include the following if filing in the Supreme Court of Texas. Tex. R. App. P. 52.3(d)(5). |
4.A petition requesting the same relief was filed in the Court of Appeals for the [number] Judicial District on [date]. The justices who participated in the decision were [list]. The author of the [majority] opinion by the court was [name]. [Include as applicable: The author of the concurring opinion by the court was [name]./The author of the dissenting opinion by the court was [name].] The opinion is [unpublished/reported at [specify]]. The court of appeals ordered [specify disposition of the case by the court of appeals].
|
Continue with the following. |
Statement of Jurisdiction
This Court has jurisdiction to issue a writ of mandamus under [section 3/section 6] of article V of the Texas Constitution and [section 22.002(a)/section 22.221(a)] of the Texas Government Code.
|
If the petition was not first presented to the court of appeals, the petition must state the compelling reason that the petition is being filed in the supreme court without first being presented to the court of appeals. Tex. R. App. P. 52.3(e). |
Issue[s] Presented
|
State each issue on which it is alleged the trial court erred as a matter of law. |
|
Issue No. 1: |
Respondent abused [his/her] discretion when [he/she] [describe abuse of discretion]. |
|
Set forth additional issues as applicable. |
Petition for Writ of Mandamus
Statement of Facts
|
State concisely and without argument the facts pertinent to the case. Support each allegation with references to the appendix or record. |
Argument and Authorities
|
Show how the points or issues presented, on the conclusively established facts, entitled the relator to an order for possession of the child. Cite controlling authority. |
Prayer
Relator prays that this Court issue its writ of mandamus commanding the trial court to vacate the order of [date] denying Relator’s Petition for Writ of Habeas Corpus and ordering the trial court to grant the writ of habeas corpus for possession of the child.
[Name]
Attorney for Relator
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
Certification of Facts and Verification of Record
Pursuant to rule 52.3(j) of the Texas Rules of Appellate Procedure, I certify that I have thoroughly reviewed the Court’s file in this matter. I have personal knowledge of the facts stated herein, and such matters are true and correct. Additionally, I have personal knowledge that the items in the appendix and record are true and correct copies of documents material to Relator’s claims and are either pleadings that are on file in the underlying suit, hearing transcripts and exhibits, or orders signed by the trial court in the underlying suit in this cause number [number] in the [designation] Court of [county] County, Texas.
[Name of attorney]
|
Include the following if filing electronically. |
Certificate of Counsel Regarding Word Count
Pursuant to rule 9 of the Texas Rules of Appellate Procedure, I certify that the word count in this Petition for Writ of Mandamus, excluding the caption and introductory matters, signature, proof of service, certification, certificate of compliance, and appendix, totals [number] words.
[Name of attorney]
|
Continue with the following |
Certificate of Service
I certify that a true copy of this Petition for Writ of Mandamus was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s lead counsel as follows:
Name of person served: [[name of lead attorney], attorney for [name of party]/[name of unrepresented party]]
Address of person served: [address]
Method of service: [by electronic filing manager/by email at [email address]/by fax at [fax number]/by personal delivery at [address]/by commercial delivery service at [address]/by certified mail at [address]/by first-class mail at [address]]
Date of service: ______________________________
|
Repeat for each party served. |
|
Include one of the following as applicable. |
Appendix
This appendix contains the following:
1.A certified copy of the order granting Relator the right to immediate possession of the child.
2.A certified copy of the Petition for Writ of Habeas Corpus filed by Relator.
3.A certified copy of the answer filed by the real party in interest.
4.A certified copy of the Order Denying Writ of Habeas Corpus signed by Respondent.
5.[Include if applicable: A certified copy of the [order/opinion] of the court of appeals.]
6.[Specify other authority or exhibits included.]
|
Continue with the following as applicable. |
In addition, Relator relies on [the clerk’s record/the reporter’s record/the clerk’s record and the reporter’s record] filed in this matter.
|
Or |
|
In lieu of obtaining a clerk’s record or certified copies of pleadings, the attorney or other person with personal knowledge may verify that the attached documents, including pleadings, are true and correct copies. Documents not before the trial court at the time that it made its decision should not be included. |
|
An unsworn declaration may be used in place of an affidavit. See form 8-27. |
Appendix
|
Set forth all pertinent documents and their dates of signing/filing. |
This appendix contains the following:
1.[Name and date of order that is the subject of this mandamus].