Indiana USLegal Pamphlet on Writ of Mandate

State:
Multi-State
Control #:
US-PMPH-12
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

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

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.

Rule 26 - Scope of Discovery In General. We can discover about any non-privileged matter relevant to the lawsuit including. the existence, description, nature, custody, condition and location of books, documents, or other tangible things and. the identity and location of persons having knowledge of discoverable matter.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject-matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, ...

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

D. Limits on Request for Production of Documents: In any initial cause of action, a party may not serve more than twenty-five (25) requests for productions of documents, including subparts, on another party.

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.

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Indiana USLegal Pamphlet on Writ of Mandate