Delaware Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

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US-01691BG
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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.

The Delaware Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition is a legal document used to request relief from a court when an administrative agency fails to act or unduly delays making a decision on a petition submitted to them. This type of petition is commonly employed in Delaware to ensure that administrative agencies fulfill their duty to act on petitions in a timely manner. Keywords: Delaware, petition, application, writ of mandamus, mandate, refusal, administrative agency, act, relief, court, decision, unduly delay, duty, timely manner. There are various types of Delaware Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition, depending on the specific circumstances and the agency involved. Some types of petitions include: 1. Petition for Writ of Mandamus: This is a general term used to request a court order compelling an administrative agency to act on a pending petition. 2. Petition for Mandate for Refusal of Administrative Agency to Act: This type of petition is filed when the administrative agency outright refuses to act on a petition without any valid justification. The petitioner seeks a court order mandating the agency to fulfill their duty. 3. Petition for Mandate Due to Undue Delay: When the administrative agency unreasonably delays making a decision on a petition without just cause, the petitioner can file this type of petition to seek a court order compelling the agency to act within a reasonable time. 4. Petition for Mandate for Failure to Fulfill Duty: If the administrative agency fails to fulfill its duty to act on a petition within the specified time frame or as required by law, this petition can be filed to request a court order enforcing the agency's obligation. These different types of petitions are used to address specific scenarios where an administrative agency has either refused to act or unduly delayed making a decision on a petition. By filing the appropriate petition, individuals or entities can seek legal recourse and ensure that their petitions receive the necessary attention and action from the administrative agency in Delaware.

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Mandamus. Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court.

Rule 37 - Failure to Make Discovery: Sanctions (a) Motion for order compelling discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate court.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...

Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.

Rule 35 - Correction or reduction of sentence (a) Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

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(1) The proof required for the issuance of a mesne writ of attachment under Chapter 35, Title 10,. Delaware Code, will be satisfied by filing with the complaint ... Most administrative agency decisions provide for some type of appeal. Do not file to request a mandamus if there is another way to appeal the agency decision.In California, the pleading format for injunctive and declaratory relief is a complaint. The proper pleading form for a writ of mandate is a verified petition. Oct 5, 2018 — repetitive filings, the government asks that this application be construed as a petition for a writ of mandamus (or, in the alternative ... IN RE UNITED STATES DEPARTMENT OF COMMERCE, ET AL. APPLICATION FOR A STAY PENDING DISPOSITION. OF A PETITION FOR A WRIT OF MANDAMUS. TO THE UNITED STATES ... Mar 6, 2008 — the mandate, what the agency cannot do is to substitute that process for fulfilling its obligations under the mandate in a timely manner. 18 ... Apr 4, 2023 — Follow the template provided at the end of this guide. STEP 3: File the Petition and the Notice of Motion for the Writ of Mandamus. File the ... In granting a petition for a writ of mandamus against the. Commission, the ... While there are occasional exceptions, the doctrine generally will not be applied ... by DR NETWORK — Where the Commission indefinitely tolls final agency action, the appropriate avenue of relief is to file a Petition under the All Writs Act. Mar 13, 2023 — issue a writ under the All Writs Act compelling that agency to complete the action so that it can exercise its jurisdiction to review it ...

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Delaware Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition