Oklahoma Perfecting an Application for Extraordinary Writ is the process of appealing an administrative decision made by a state or local government agency. This process is available to individuals or organizations that have been denied a benefit, or have experienced a denial of due process rights, by a state or local agency. The individual or organization must submit an application for a writ of extraordinary relief to the Oklahoma Supreme Court. The application must be accompanied by a brief of argument that includes a clear and concise statement of the facts, the legal basis for the extraordinary writ, and the relief requested. The Oklahoma Supreme Court may grant the writ, which orders the agency to grant the requested relief, or deny the writ. In some cases, the court may require a hearing and/or oral argument in order to make a decision. The types of extraordinary writs available in Oklahoma include: -Writs of Mandamus: This writ orders a state or local government agency to perform a mandatory duty. —Writs of Prohibition: This writ orders a state or local government agency to stop an action that is without legal authority. —Writs of Habeas Corpus: This writ orders the release of a person unlawfully detained. —Writs of Certiorari: This writ orders a lower court or administrative agency to provide records or testimony relevant to a case.
Oklahoma Perfecting an Application for Extraordinary Writ
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FAQ
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
Writ of mandamus is a form of what's called extraordinary relief, which any kind of extraordinary relief in Oklahoma courts is typically your last resort when there isn't another cause of action that will address the problem.
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available.
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. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F. 3d 1096.)
A child's lawyer or parent's lawyer uses this to ask the appeals court to review the juvenile court's decision to stop efforts to return the child to a parent's home, and to set a hearing to select a permanent plan for the child.
A writ of mandamus can be issued in order to compel a lower court or a government official to do something. For example, if a judge has a personal relationship with a party to a court case, that judge should appoint a new judge and a writ of mandamus could be issued if they do not.