Do I Have to Respond to a Writ of Prohibition? (Short Answer: Not Yet)

So you’ve been served with a writ of prohibition. Congratulations! You’re now part of Florida appellate procedure’s exclusive—and slightly arcane—club of original proceedings. The question most appellee-side counsel ask next is: Do I have to respond?

Short answer: Not unless the court tells you to.

Longer answer: Still no... but read on so you don’t blow a deadline you didn’t know existed.

Wait for the Court to Issue an Order to Show Cause

Unlike your garden-variety appellate response deadlines, you don’t automatically owe a reply when a writ of prohibition is filed. The Florida Rules of Appellate Procedure govern original proceedings (which include writs of prohibition, certiorari, mandamus, etc.), and under these rules, you’re not required to respond unless and until the court enters an order to show cause.

Specifically:

• Fla. R. App. P. 9.100(h) lays out the procedure for writs, and

• Rule 9.100(e)(3) makes it clear that the respondent (that’s you, Appellee Counsel) is not obligated to respond unless the court says otherwise.

"No response shall be required unless ordered by the court."— Fla. R. App. P. 9.100(e)(3)

Translation: You sit tight until the court issues an order to show cause, which will contain a deadline by which you must file your response (usually within 20 days, but always double-check the specific order).

So… Do Nothing?

Yes—and no.

You don’t file a knee-jerk response the moment the writ lands in your inbox. But that doesn’t mean you do nothing. While you’re waiting for the court to act, you should:

• Evaluate the petition. Is this a jurisdictional Hail Mary or a legitimate claim?

• Begin research and drafting prep. Don’t wait until the order to show cause drops before reading the underlying trial court record.

• Touch base with your client. Let them know what this is, what it isn’t, and why you haven’t filed anything yet.

  
  

Being ready doesn’t mean acting prematurely—it means not scrambling when the court finally does issue an order to show cause.

Why This Matters

Appellate courts don’t love surprises—or chaos. If you respond without an order, you risk annoying the court or muddying the procedural record. And if you fail to respond after an order is issued? Well, that’s the kind of thing that keeps malpractice carriers up at night.

The procedure is built to prevent wasteful responses to petitions that don’t meet even the minimum threshold of merit. The court will dismiss frivolous writs without ever ordering a response. So don’t be the lawyer who files an unsolicited 25-page response to a petition the court already rolled its eyes at.

Bottom Line

You don’t have to respond to a writ of prohibition until the court issues an order to show cause. Full stop.

Until then, prep quietly. Monitor the docket. And be ready to respond when—and only when—the court invites you to the dance.

Because in appellate law, sometimes the most powerful move… is waiting.