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A Guide To Writs

As a reference to practitioners and people researching Florida Appellate law, below is a link to the Florida Rules of Appellate Procedure, along with a list of the most commonly used Writs and their definitions.

The Florida Rules of Appellate Procedure cover every aspect of an appeal. From the filing deadlines, and font-type requirements to requests for oral argument and extensions of time - these rules govern all appeals in Florida. The complete Florida Rules of Appellate Procedure can be seen in their entirety here.

So, What Is A Writ?

A Writ is a common law term referring to a judicial order, or formal written command, issued from a court, requiring the performance of a specific act. 

Most writs can be classified as either "Alternative" or "Peremptory".  An Alternative type of writ directs the recipient to immediately act or desist, and "show cause" why the directive should not be permanent.  A Peremptory type of writ directs the recipient to immediately act or desist and to return the writ with certification of its compliance.

One should only petition for a writ in extraordinary cases.  The most well known writ, of course, is a Writ of Habeas Corpus.  However, there are many others used in Florida and each has its own, unique purpose:

Habeas Corpus -  a summons, with the force of a court order, addressed to the custodian (a prison official, for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has the authority to detain the person.

Certiorari - an order from a higher court directing a lower court to send the Record in a particular case for review.  A petition for writ of certiorari is required for most cases to make it to the Florida Supreme Court.

Mandamus - an order to a lower court or government officer to perform mandatory or purely ministerial duties correctly.  

Prohibition - an order directing a subordinate court or entity to stop doing something it is not authorized to do.

Error (or Error Coram Nobis) - applies to people who have already been convicted and have served their sentence, but for whom the conviction and/or sentence were imposed in error.

Execution - a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff.

Replevin - a legal remedy for a person to recover property or money unlawfully withheld from his or her possession.

Garnishment - a means of collecting a monetary judgment against an individual by ordering a third party (the Garnishee) to pay money, otherwise owed to the defendant, directly to the defendant.

Assistance - a writ issued by a court, usually directed at a sheriff, to perform some act.

Possession - the most common type of assistance writ, used to evict someone from real property.

The "All Writs" Clause - stemming from Federal Law (28 U.S.C. 1651), it has been codified in the Florida Constitution, Article V, Sec. 3(7), as implemented in Rule 9.030(a)(3).  This all-encompassing writ legitimizes our courts' ability to issue "all writs necessary to the complete exercise of the courts' jurisdiction".