Massachusetts USLegal Pamphlet on Writ of Mandate

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Multi-State
Control #:
US-PMPH-12
Format:
Word; 
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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

?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 which ...

?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 which ...

Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.

Most attorneys charge about USD $6000 for filing a Mandamus Case. The costs vary and might change based on your specific case details and the amount of time required. Can I file Mandamus Myself Or do Need An Attorney? You will need an attorney to file a Mandamus application on your behalf.

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.

There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).

Once the Petition for Writ of Mandamus is filed, we have to serve it on the other party (i.e., the county). We serve the county by hand-delivering the filed documents on the Clerk of the Board of Supervisors of the county.

A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.

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Massachusetts USLegal Pamphlet on Writ of Mandate