Fla. R. Civ. P. 1.630

Extraordinary Remedies

sha256 d3c85c0e59598e07553c9c7b79e261a3… · retrieved 7/11/2026, 11:08:33 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.630. 	EXTRAORDINARY REMEDIES
(a) 	Applicability. This rule applies to actions for the
issuance of writs of mandamus, prohibition, quo warranto, and
habeas corpus.
(b) 	Initial Pleading. The initial pleading must be a
complaint. It must contain:
(1) 	the facts on which the plaintiff relies for relief;
(2) 	a request for the relief sought; and
(3) 	if desired, argument in support of the complaint
with citations of authority.

The caption must show the action filed in the name of the
plaintiff in all cases and not on the relation of the state. When the
complaint seeks a writ directed to a lower court or to a
governmental or administrative agency, a copy of as much of the
record as is necessary to support the plaintiff’s complaint must be
attached.
(c) 	Time. A complaint must be filed within the time provided
by law.
(d) 	Process. If the complaint shows a prima facie case for
relief, the court must issue:
(1) 	an order nisi in prohibition;
(2) 	an alternative writ in mandamus that may
incorporate the complaint by reference only;
(3) 	a writ of quo warranto; or
(4) 	a writ of habeas corpus.
The writ must be served in the manner prescribed by law.
(e) 	Response. Defendant must respond to the writ as
provided in rule 1.140, but the answer in quo warranto must show
better title to the office when the writ seeks an adjudication of the
right to an office held by the defendant.
Court Commentary
1984 Amendment. Rule 1.630 replaces rules and statutes
used before 1980 when the present Florida Rules of Appellate
Procedure were adopted. Experience has shown that rule 9.100 is
not designed for use in trial court. The times for proceeding, the
methods of proceeding, and the general nature of the procedure is
appellate and presumes that the proceeding is basically an
appellate proceeding. When the extraordinary remedies are sought
in the trial court, these items do not usually exist and thus the rule
is difficult to apply. The uniform procedure concept of rule 9.100

has been retained with changes making the procedure fit trial court
procedure. The requirement of attaching a copy of the record in
subdivision (b) may not be possible within the time allowed for the
initial pleading because of the unavailability of the record. In that
event the plaintiff should file a motion to extend the time to allow
the preparation of the record and supply it when prepared. The
filing of a motion to extend the time should be sufficient to extend it
until the motion can be decided by the court.
Committee Notes
2012 Amendment. Subdivision (d)(5) is amended to reflect
the relocation of the service rule from rule 1.080 to Fla. R. Jud.
Admin. 2.516.
2013 Amendment. Rule 1.630 has been amended to remove
any reference to certiorari proceedings, which instead are governed
by the Florida Rules of Appellate Procedure. The Florida Rules of
Appellate Procedure apply when the circuit courts exercise their
appellate jurisdiction.

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