A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
District of Columbia Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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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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A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.
Generally, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) §1094.5. The terms mandamus and mandate are synonymous.
Do not file a writ of mandamus by yourself. At least consult with an attorney beforehand. Do not copy and paste various writs of mandamus ?samples? that are available on the Net. Make sure you and your attorney have reviewed the latest writ of mandamus cases in your jurisdiction to see how courts are treating them.
How do you prepare a writ of mandamus? A writ of mandamus must include specific information, depending on where it is being filed. Generally, the writ must include the name of the petitioner, the specific details of the issue, and any supporting evidence or information.
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a 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.
Mandamus at the Federal Level Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
The All Writs Act, 28 U.S.C. § 1651(a), confers the power of mandamus on federal appellate courts.