North Dakota Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

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US-01691BG
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Description

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.

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FAQ

In Texas, a petition for writ of mandamus initiates an original appellate proceeding seeking review of a decision (e.g., by a lower court) when the party cannot immediately appeal (i.e., when there is no final judgment and when there is no applicable statute which would allow an interlocutory appeal).

The writ of mandamus may be issued by the supreme and district courts 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 ...

If a situation warrants early disposal of a record within a record series, the clerk or judge may petition the State Court Administrator for early disposal of that record or may obtain an order from the judge of the court.

Rule 52 - Reliable Electronic Means Proceedings Section 1. Purpose and Definition. This rule provides a framework for the use of reliable electronic means for proceedings in North Dakota's district and municipal courts.

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment; and in granting or refusing temporary injunctions the court shall similarly set forth the findings ...

Records subject to inspection, examination, and copying under Section 3 and not exempt from disclosure under Section 4, may be prohibited or limited from disclosure by order of the court on a case-by-case basis.

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North Dakota Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition