Extraordinary Remedy

Extraordinary Remedy

The designation given to such writs as Habeas Corpus, Mandamus, and Quo Warranto, determined in special proceedings and granted only where absolutely necessary to protect the legal rights of a party in a particular case, as opposed to the customary relief obtained by the maintenance of an action.

Most states have eliminated extraordinary remedies. The relief formerly provided by them can be sought through an ordinary action.

See: habeas corpus
References in periodicals archive ?
Attorney Joe Peiffer, president, PIABA, said:"The bottom line from our new data is clear: FINRA's efforts have failed to assure that expungement relief is an extraordinary remedy granted only in cases in which the customer dispute information requested to be expunged has no meaningful investor protection or regulatory value.
Collins, "The NIH continues to agree with the public testimony in 2004 that the extraordinary remedy of march-in is not an appropriate means of controlling prices of drugs broadly available to physicians and patents.
The court went on to state that mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or, in the absence of another statutory remedy, when the trial court, fails to observe a mandatory statutory provision conferring a right of forbidding a particular action.
Ill S Ct R 383; see Balciunas v Duff, 94 Ill 2d 176, 188-89, 446 NE2d 242, 247-48 (1983) ("The writ of mandamus is an extraordinary remedy which should not, under normal circumstances, be sued to regulate discovery.
This extraordinary remedy recognizes that, in some cases, the interests of lien claimants could be better protected if a different person were to take control of the real property, refinance the improvement on the lands, and complete certain repairs and construction in order to market and sell the real property.
LEGAL COMMENTARY: The court noted that a writ of Certiorari is an extraordinary remedy, which is for extraordinary issues, which virtually compel an appellate court to act promptly in righting an obvious wrong or grievous error by a lower court.
While recognizing that disqualification of a party's chosen counsel is an extraordinary remedy and should be resorted to sparingly, we believe the prudent course in this case is to disqualify counsel.
Because the court concludes that the plaintiffs are unable to demonstrate an irreparable injury, it denies the request for the extraordinary remedy of a preliminary injunction," the court wrote.
I am seeking this extraordinary remedy based on a claim of actual innocence.
The Court determined that Teva had raised sufficient questions about the validity of the patent to preclude issuance of the extraordinary remedy of a preliminary injunction.
As for the cert issues, "when a court denies cert, that is an extraordinary remedy, and that is not a ruling on the merits," Geller said.
A consent decree is tantamount to the issuance of an injunction, which is traditionally an extraordinary remedy,'' Keller said.

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