This pamphlet provides an overview on the types of writs of mandate, what they are used for, and when a writ of mandate may be sought.
Hawaii USLegal Pamphlet on Writ of Mandate
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Introduction: Writ of Mandamus (?We Command?) is of English origin. In past, the King of England as the ?authoritarian autocrat? of the administrative set-up, used to issue mandamus to his subjects, commanding them to fulfil the public duty asked of them, many times during the course of the day.
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.
(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.
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 Memorandum opinions shall not be published.
What is a writ of mandamus? 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.
C16: Latin, literally: we command, from mand?re to command.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in ance with the law).
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.
