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.
Indiana 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. Court For D.C. (2004).
A Motion for Rehearing is a chance to explain why the Supreme Court should reconsider your Petition for Review. Motions for Rehearing generally include arguments as to why your Petition for Review should be reconsidered or may discuss arguments or issues you believe the Court overlooked.
What is an example of a writ? A writ of mandamus can be filed against a court or a government official. For example, if a government official does not release information that should be made public, a writ of mandamus can be filed, asking the court to compel the official to release the information.
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
A Petition for Rehearing is a brief filed with the Indiana Court of Appeals asking it to redecide some or all of the issues of the case they just handed down or decided. A Petition for Rehearing may be taken from a ?Memorandum Decision? or one that is ?For Publication?.
If there is an important mistake in the appellate court's decision in the appeal ? like a major misstatement of fact, an error of law, major law or facts that were left out, or an important argument that was not included ? you can file a petition for rehearing in the appellate court asking the court to correct its ...
Except for petitions for emergency writs, all petitions for writs of mandamus or prohibition, along with the filing fee, shall be submitted in person or by mail to Supreme Court Services, Attention: Original Actions, 315 State House, Indianapolis, Indiana 46204, telephone (317) 232-2540.
(b) Petition and answer Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise. A petition for rehearing normally will not be granted unless the court has requested an answer.
