Writ Mandate Act With State
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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
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.
What is a petition for writ of mandate? A. Mandate (aka ?Mandamus,?) is an "extraordinary" remedy provided by a court. sitting in equity. In a mandate proceeding, the petitioner asks the superior or appellate court to direct an inferior judicial or administrative body to do something.
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 petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate.
These names refer to the type of order being issued: writs of mandate are orders to do something, writs of prohibition are orders not to do something, and writs of review are orders providing for review of a judicial action that has already been taken.