Original Actions: Legal Help for Complex Cases in Indiana

Original actions refer to special legal proceedings that begin in a higher court, bypassing the lower courts entirely. These cases are often used to address urgent legal matters or complex issues that require immediate attention. 

At Ciyou & Associates, P.C., our attorneys have experience handling original actions in both state and federal courts, providing clients with the legal support they need to address their most pressing legal concerns.

What Is an Original Action?

An original action is a case filed directly with an appellate or supreme court rather than starting in a trial court. These cases are typically reserved for extraordinary legal matters, such as disputes involving government officials, significant constitutional questions, or urgent legal issues that require swift resolution.

Original actions are relatively rare, but they play a critical role in ensuring that the legal system can address urgent matters that must be completed in a reasonable period in order for the lengthy trial process to progress. These cases often involve complex legal arguments and require attorneys with extensive appellate law knowledge.

Types of Original Actions

• Writs of Mandamus
  A writ of mandamus is a court order that compels a government official or lower court to perform a specific duty. This type of original action is often used when a lower court fails to act or a government agency refuses to fulfill its legal obligations.
• Writs of Prohibition
  A writ of prohibition is an order from a higher court to a lower court preventing the lower court from exceeding its jurisdiction. It is often used when a lower court attempts to rule on a matter outside its legal authority.
• Habeas Corpus Petitions
  A habeas corpus petition challenges the legality of an individual’s detention or imprisonment. This type of original action is often used to contest unlawful incarceration or detention by the government.