Writ Mandamus Order With Court
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How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
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FAQ
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
For example, a writ of mandamus might be filed in a case where a judge has a personal connection to a case or its participants but refuses to remove themself from the case. The mandamus would be asking the higher court to compel the lower court judge to appoint another judge to the case.
The petition shall not exceed 50 pages in length and shall contain: (1) the basis for invoking the jurisdiction of the court; (2) the facts on which the petitioner relies; (3) the nature of the relief sought; and (4) argument in support of the petition and appropriate citations of authority.
You are allowed to represent yourself in an writ proceeding in the appellate division. If you have any questions about the writ proceedings and about whether and how you should respond to a writ petition, however, you should consult an attorney.