Short answer. No. In certiorari, prohibition, mandamus, quo warranto, and habeas corpus cases, the parties file memoranda instead of briefs, within a non-extendible thirty days from notice that all evidence is attached to the record. Missing this deadline may itself be a ground to dismiss the appeal.
What the law says
In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda within a non-extendible period of thirty days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record.
Rule 44, Section 10 — Time for filing memoranda in special cases. Read the full provision →
What the law says
The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.
Rule 44, Section 10 — Time for filing memoranda in special cases. Read the full provision →
Memoranda replace briefs for these special actions
Section 10 carves out a different procedure for a specific group of cases. In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda within a non-extendible period of thirty days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record.
The non-extendible nature of the period
The rule's own language stresses that this thirty-day period is non-extendible, which sets it apart from the ordinary brief-filing timelines that can, under proper motion, sometimes be extended for good cause. Parties in these special cases should not assume the same flexibility applies to their memoranda deadline. Counsel handling a certiorari, prohibition, mandamus, quo warranto, or habeas corpus appeal should calendar the thirty days the moment the clerk's notice arrives, since no later motion for extension is contemplated by this particular provision.
What happens if the appellant misses it
The consequence is spelled out directly: the failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal. Because the deadline is tied to a specific clerk's notice — that all evidence is already attached to the record — appellants in these cases should watch for that notice closely rather than estimate the deadline on their own.
Why these five actions are treated differently
Certiorari, prohibition, mandamus, quo warranto, and habeas corpus proceedings are special civil actions rather than ordinary appeals from a full trial on the merits, so the record they generate is typically narrower and centers on the pleadings and evidence already attached rather than a lengthy trial transcript. Memoranda, which summarize the parties' positions on that fixed record, fit this kind of case better than the fuller factual and procedural narrative a brief is meant to provide in an ordinary appeal.
Related provisions
- Rule 44, Section 10 — Time for filing memoranda in special cases
- Rule 44, Section 8 — Appellee' s brief
- Rule 44, Section 9 — Appellant' s reply brief