IOP-Petitions for Extraordinary Writs
United States Court of Appeals for Veterans Claims
INTERNAL OPERATING PROCEDURES
VIII. PETITIONS FOR EXTRAORDINARY WRITS
(a) Authority. In addition to its appellate jurisdiction, the Court has the authority, under the All Writs Act, 28 U.S.C. § 1651(a), to issue all writs necessary or appropriate in aid of its jurisdiction. See In Re Fee Agreement of Cox, 10 Vet.App. 361, 367-71 (1997), vacated in part on other grounds sub nom. Cox v. West, 149 F.3d 1360 (Fed. Cir. 1998).
(b) Procedure.
(1) If a petition seeks an extraordinary writ (e.g., mandamus, prohibition, etc.), the appropriate case file is sent to CLS for evaluation and preparation of a draft action. If the petition is related to a case already acted upon by a judge or a panel, the petition is assigned to that judge or panel. If the petition constitutes a new matter, it is assigned by the Calendar Clerk on a rotational basis to a judge for screening.
(2) A petition for an extraordinary writ is granted only by a panel. A judge denies the petition or refers it to the Clerk for the creation of a panel consisting of that judge and two additional judges, selected at random with due regard to workload or availability. Before referring the petition to the Clerk, the screening judge may order that a response be filed by the appropriate party.
(3) Once final action has been taken on a petition, judgment and mandate will be entered in accordance with the Court's Rules of Practice and Procedure.
