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Virginia Petition And Affidavit For Good Cause For Injuction Of Mandamus

State:
Virginia
Control #:
VA-DC-495
Format:
PDF
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This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.

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FAQ

A writ of mandamus or remedy is pre -eminently a public law remedy and is not generally available against private wrongs. It is used for enforcement of various rights of the public or to compel the public statutory authorities to discharge their duties and to act within the bounds.

The writ of mandamus.Someone can petition for a writ of mandamus against any inferior government official, which includes trial court judges. So while the most well known instance of a writ of mandamus (Marbury v. Madison) is not an appeal to a court decision, it may be used to get an immediate appeal.

A writ of mandamus is an order from a court to any government, subordinate court, corporation, or public authority to do (or refrain from doing) a specific act which that entity is obliged under law to do (or refrain from doing).

A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.

So, the Writ of Mandamus is an Order from a Court directing an Executive Branch Official to take a certain required action. The Court of Appeals for Veterans Claims has the authority to issue a Writ of Mandamus pursuant to a statute called the All Writs Act.

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 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.

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.

To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for return of property, fill out a "Warrant in Detinue." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.

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Virginia Petition And Affidavit For Good Cause For Injuction Of Mandamus