Maryland Writ of Mandamus

State:
Maryland
Control #:
MD-JB-062-10
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FAQ

A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".

Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

''we command'') is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain

You have a clear right to the relief request; the defendant (in this case USCIS) has a clear duty to perform the act you want ordered; and. you do not have any other adequate remedies available.

Mandamus means 'we command.A writ of mandamus can be issued by a judge at a petitioner's request when the authority of a higher court is needed to compel an action by an individual person, a government agency, or a lower court to do something they are legally required to do.

A writ of mandamus (also called a writ of mandate) is a court order issued by a judge at a petitioner's request compelling any government, corporation, or public authority to execute a duty that they are legally obligated to complete.A writ of mandamus is acquired through a petition to the court.

A writ of mandamus is obtained through a petition to a court and must be supplemented by legal rights. A writ of mandamus is only one type of writ. A writ of attachment is a court order to seize the property described in the writ.

Circuit courts have jurisdiction in an action for mandamus. To begin an action for a writ of mandamus, a person needs to file a complaint conforming to the form for a pleading described in Md. Rules 2-303 through 2-305. The Circuit Court Clerk will collect a fee at the time of filing.

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Maryland Writ of Mandamus