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.
Virgin Islands Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.
For example, a writ of mandamus might be filed in a case where a judge has a personal connection to a case or its participants but refuses to remove themself from the case. The mandamus would be asking the higher court to compel the lower court judge to appoint another judge to the case.
A traditional writ of mandate is available to challenge an agency's failure to follow its legal obligation or ministerial duty. Unlike administrative mandate, traditional mandate cannot be used to review decisions that result from an adjudicatory process or an administrative hearing.
In appellate cases, a mandate is the document by which the appellate court formally notifies the lower court of its decision and by which jurisdiction for any necessary additional proceedings is conferred upon the lower court.
These names refer to the type of order being issued: writs of mandate are orders to do something, writs of prohibition are orders not to do something, and writs of review are orders providing for review of a judicial action that has already been taken.
For example, you can use a Writ of Mandamus to make a prosecutor provide you with discovery, or a government agency follow through on an action previously ordered by a court.
A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.
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.