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.
Montana Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
Instant download
Description
Free preview
How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
If you wish to comprehensive, acquire, or print lawful file web templates, use US Legal Forms, the most important collection of lawful varieties, that can be found online. Take advantage of the site`s basic and practical search to find the documents you will need. Numerous web templates for organization and individual functions are categorized by classes and claims, or keywords and phrases. Use US Legal Forms to find the Montana Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition with a number of click throughs.
In case you are presently a US Legal Forms customer, log in to your account and click the Obtain switch to find the Montana Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition. Also you can accessibility varieties you formerly downloaded within the My Forms tab of your own account.
If you use US Legal Forms initially, follow the instructions listed below:
- Step 1. Be sure you have selected the form for your proper city/country.
- Step 2. Use the Review method to examine the form`s content material. Don`t forget about to learn the outline.
- Step 3. In case you are not happy with the develop, utilize the Search field on top of the display to get other versions of your lawful develop design.
- Step 4. Upon having identified the form you will need, go through the Get now switch. Opt for the rates prepare you choose and include your qualifications to register for the account.
- Step 5. Approach the transaction. You can use your charge card or PayPal account to accomplish the transaction.
- Step 6. Select the structure of your lawful develop and acquire it in your gadget.
- Step 7. Complete, modify and print or signal the Montana Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition.
Every single lawful file design you get is yours for a long time. You may have acces to every single develop you downloaded inside your acccount. Go through the My Forms segment and choose a develop to print or acquire once more.
Contend and acquire, and print the Montana Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition with US Legal Forms. There are millions of professional and condition-particular varieties you can use for the organization or individual requires.
Form popularity
FAQ
There are several steps to filing a writ of mandamus, which include preparing a lawsuit, filing with the appropriate court, summoning and serving the defendants, and making copies of relevant paperwork among other things.
Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.
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.
Generally, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) §1094.5. The terms mandamus and mandate are synonymous.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
Another example of a writ is the writ of seizure and sale is one example of a writ. When this writ is drafted by a court, it gives the petitioning party the right to take over ownership of a piece of property from someone else.
If the Court believes the writ should not be granted, it will deny the petition without requesting an answer. Otherwise the Court will direct the clerk to obtain an answer. After an answer has been filed, the Court ordinarily will decide the merits of the petition on the materials submitted without oral argument.
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.