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.
Georgia 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 mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which ...
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.
The All Writs Act, 28 U.S.C. § 1651(a), confers the power of mandamus on federal appellate courts.
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.
Mandamus action is commenced by original petition or application to compel due performance of an official duty, if there is no other specific legal remedy for the legal rights. Richardson v. Rector, 134 Ga. App.