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.
South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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Writs of Administrative Mandate (Mandamus) are used to ask a Superior Court to review a decision made by an administrative agency of the government, such as for example the Workers' Compensation Appeal Board, or the Department of Motor Vehicles (DMV). It is not a trial.
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.
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a 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 mandate. (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.
Writs of mandate are issued to correct an abuse of discretion or to compel the performance of a lower court for a nondiscretionary duty to act. Writs of prohibition are issued to prevent a threatened judicial act in excess of a court's jurisdiction.
A writ of certiorari which is an ancillary remedy issued for an act already done such as to quash a decision. A writ of mandamus which compels the performance of a public duty.
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.
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 different from an appeal.