Writ of Certiorari
A petition for writ of certiorari is most frequently used writ to review orders that cannot otherwise be directly appealed to a higher tribunal. A petition for writ of certiorari to review such an order must be filed within 30 days of rendition of the lower tribunal’s signed, written order. The standard of certiorari review for a nonfinal order of a lower tribunal limits the appellate court to determining whether the order 1) results in material injury throughout the proceeding that cannot be remedied by plenary appeal after final judgment is entered; and 2) departs from the essential requirements of the law. Examples of orders that appellate courts have considered on petition for writ of certiorari include discovery orders requiring disclosure of privileged or trade secret information and other confidential information that could injure the party or another outside the context of the litigation; prejudgment orders finding a party in civil contempt; orders on motions to disqualify counsel or to withdraw as counsel because of conflict.
Writ of Prohibition
A writ of prohibition enables an appellate court to prevent a lower tribunal from further exercising jurisdiction in an action. A petition for writ of prohibition is generally used to challenge the denial of a motion to disqualify the trial and to prevent a lower tribunal from exercising jurisdiction in a matter it has no jurisdiction to decide.
Writ of Mandamus
A writ of mandamus compels a lower tribunal or government official to perform a nondiscretionary, ministerial act required by law, which the lower tribunal or official has refused or failed to do.
Writ of Habeas Corpus
While Florida Rule of Criminal Procedure 3.850 has replaced the writ of habeas corpus in many circumstances, the writ is still widely used to obtain the release of a person who has been illegally detained or restrained.