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

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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.

A Hawaii Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition is a legal document used to seek judicial intervention when an administrative agency refuses to act on a petition or application. In Hawaii, individuals or entities may file a petition or application for a writ of mandamus or mandate when they believe an administrative agency has failed to fulfill its duties or obligations. This legal remedy aims to compel the agency to perform its required actions or make a decision on the petition or application. Keywords relevant to this topic include Hawaii, petition, application, writ of mandamus, mandate, refusal, administrative agency, and act on petition. By using these keywords, individuals can locate relevant information and resources pertaining to Hawaii's specific laws and procedures regarding petitions or applications for a writ of mandamus or mandate. It is important to note that there may be different types of petitions or applications for writs of mandamus or mandate in Hawaii, depending on the specific circumstances and the administrative agency involved. Some common variations include: 1. Petition for Writ of Mandamus or Mandate: This is the standard petition/application that individuals or entities file when they believe an administrative agency has unreasonably refused to act on their petition or application. 2. Petition for Writ of Mandamus or Mandate to Compel Agency Action: This type of petition/application is used when the primary goal is to compel an administrative agency to take a specific action related to a petition or application. 3. Petition for Writ of Mandamus or Mandate for Expedited Decision: When there is a need for a prompt decision on a petition or application due to time-sensitive circumstances, this type of petition/application can be filed to request the court to expedite the agency's decision-making process. 4. Petition for Writ of Mandamus or Mandate for Abuse of Discretion: If an administrative agency is believed to have abused its discretion in refusing to act on a petition or application, this type of petition/application may be filed to challenge the agency's decision. These variations in Hawaii's petition or application for a writ of mandamus or mandate reflect the different circumstances and goals that individuals or entities may encounter when facing administrative agencies that refuse to act on their petitions or applications. It is crucial to consult legal professionals or thoroughly research Hawaii's specific laws and procedures to ensure the appropriate filing and understanding of these petitions or applications.

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FAQ

Writ of mandate. (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.

Rule 35 - Dispositions (a)Class of disposition. Dispositions may be authored by a designated judge or justice or may be per curiam and may take the form of published or memorandum opinions or dispositional orders. (b) Publication. Memorandum opinions shall not be published.

In cases where there is no statutory deadline, the petition should be filed within 30 days when challenging an action in a misdemeanor case, or within 60 days in a felony case. (American Property Management Corp. v. Superior Court (2012) 206 Cal.

Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals.

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.

Rule 1.9 - Conflict of Interest: Former Client (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client ...

§1085 Writs - Nuts and Bolts Timing ? Page 8 8 1. §1085 does not have a statute of limitations, so you look to the substantive law or one of the catch-all statutes, such as § 338 (three years to bring suit to enforce a liability created by statute). 2. Most §1085 suits are attacks on ongoing policies.

If the Supreme Court Denies Cert, the Lower Court Ruling Will Stand. What happens if the Supreme Court decides not to hear your case? The short answer is that it means that the specific case in question is over. The trial court ruling or the last ruling from an appellate court will be allowed to stand.

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Application for a writ directed to a judge shall be made by filing a petition ... An application for a writ of mandamus directed to a public officer shall be ... 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 ...An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within ... Apr 18, 2019 — All contentions in support of a petition for a writ of certiorari shall be set out in the body of the petition, as pro- vided in ... by IN RE — writ of mandamus that would compel the agencies to establish management ... mandamus petition under the All Writs Act. B. Petitioners assert ... Jan 3, 2022 — When the mandate or judgment in question is that of the. Supreme Court, application for the writ must, of course, be made to that Court.”). May 1, 2014 — administer oaths and affirmations, (2) issue subpenas authorized by law, (3) rule upon offers of proof and receive relevant evidence, (4) take ... (a) 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 ... 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. ... file a motion or petition for a writ of mandamus. This information is not included in the department's brochures and notification letters. It is also not ...

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