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.
Massachusetts Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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Steps in a civil appeal Figure out if you can appeal. Make sure you're allowed to appeal and that you've met the deadlines. File the notice of appeal. ... Designate the record and other filings. ... Prepare and file a brief. ... Oral argument. ... Get the appellate court decision.
Entry of a Civil Appeal The docket fee is $300 per appealing party. Thus, if you and your spouse are both appealing, the fee is $600. The Appeals Court will accept payment in cash, check or money order, by credit card, or via eFileMA.com.
Appealing cases from Land Court File a notice of appeal in the Land Court Recorder's Office. For almost all cases, this should be filed within 30 days of entry of the judgment on the docket. For almost all cases, the appeal is to the Massachusetts Appeals Court.
In order to begin your appeal, you'll need to file a Complaint for Judicial Review of Administrative Decision and a Civil Action Cover Sheet in the Superior Court Clerk's Office, and also pay a filing fee. You can either deliver the documents and filing fee in person or send them by certified or registered mail.
The Superior Court has exclusive original jurisdiction of first-degree murder cases, and has original jurisdiction of all other crimes, civil actions over $50,000, matters where parties are seeking equitable relief, and actions including labor disputes where parties are seeking injunctive relief.
You may take an appeal to the superior court, the district court or the land court of Massachusetts. That appeal must be filed within twenty (20) days of the date that the decision you are appealing is filed with the city or town clerk.
If you don't agree with the ALJ's decision, you may appeal it to the CUIAB Appeal Board with a simple letter at no cost to you, but you have to mail it or deliver it in person to the local CUIAB office no later than 20 days from the mailing date stamped at the bottom of the decision.
The first step in the appeal is filing a notice of appeal in the clerk's, register's, or recorder's office of the court in which your case was heard. View the Civil Appeals guide for an overview of when and where you must file your notice of appeal, which is the first step in the appeals process.
