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.
Kansas USLegal Pamphlet on Writ of Mandate
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FAQ
There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).
Under Palma, before ordering issuance of a peremptory writ in the first instance, Courts of Appeal provide notice that such a writ may issue, and invite formal opposition. Id. These orders are called ?Palma notices.?
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.
The writ of prohibition arrests the proceedings of any tribunal, corporation, board or person exercising judicial functions, when the proceedings are without or in excess of the jurisdiction of the tribunal, corporation, board or person.
(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 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 ...
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.
You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law.
The Writ of Mandamus is a civil action and can be used as a quick remedy in situations where the government fails to take action when it is vested with a duty to do so. The writ can be used to compel administrative agencies to act.
