Search results
Nov 30, 2015 · Legal Requirements for a Petition for Writ of Mandamus. A person requesting a writ of mandamus must be able to show the court that he has a legal right to force the government agency or public servant to perform the specified action, or to refrain from doing a specified act.
People also ask
What is a writ of mandamus?
How do I file a writ of mandamus?
Can a writ of mandamus be appealed?
How is a writ of mandamus amended?
What is a Writ of Mandamus? A Writ of Mandamus is an order from one court to a lower court, corporation, or person to do something. The action ordered by the higher court must be something the lower court, corporation, or person has a legal duty to do. A trial court can issue a Writ of Mandamus to a person or corporation, but not to another court.
(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.
Searches related to petition for writ of mandamus definition
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. (2004).
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.
Feb 19, 2015 · Mandamus may be employed to require a lower court to enforce the judgment of an appellate court, or to keep such a court from interposing unauthorized obstructions to the enforcement of the judgment of a higher court.
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.
