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Maryland Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

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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.


A Maryland Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition is a legal document filed in a Maryland court seeking an extraordinary remedy to compel an administrative agency to act on a petition or to challenge their refusal to act. This legal remedy is available when an administrative agency has a legal duty to act on a petition or application but has unreasonably delayed or refused to do so. The Writ of Mandamus or Mandate is a judicial order issued by a court to a government agency, compelling them to perform their mandated duty. In Maryland, there are different types of petitions or applications for Writ of Mandamus or Mandate that individuals or organizations can file, depending on the specific circumstances and jurisdiction: 1. Writ of Mandamus: This petition is filed when there is an unreasonable delay or refusal by an administrative agency to act on a petition or application. The petitioner requests the court to issue a writ that commands the agency to take the requested action. 2. Writ of Mandate: Similar to the Writ of Mandamus, this type of petition seeks to compel an administrative agency to fulfill its duty. It is often used interchangeably with the Writ of Mandamus and serves the same purpose. 3. Petition for Refusal of Administrative Agency to Act on Petition: This petition is filed when an administrative agency refuses to take any action on a pending petition or application. The petitioner seeks judicial intervention to review the agency's refusal and request the court to order the agency to perform its duty. It is essential to note that the specific requirements and procedures for filing these petitions may vary depending on the jurisdiction and the administrative agency involved. Consulting with a qualified attorney who specializes in administrative law in Maryland is highly recommended ensuring compliance with the applicable rules and to increase the chances of a successful petition.

A Maryland Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition is a legal document filed in a Maryland court seeking an extraordinary remedy to compel an administrative agency to act on a petition or to challenge their refusal to act. This legal remedy is available when an administrative agency has a legal duty to act on a petition or application but has unreasonably delayed or refused to do so. The Writ of Mandamus or Mandate is a judicial order issued by a court to a government agency, compelling them to perform their mandated duty. In Maryland, there are different types of petitions or applications for Writ of Mandamus or Mandate that individuals or organizations can file, depending on the specific circumstances and jurisdiction: 1. Writ of Mandamus: This petition is filed when there is an unreasonable delay or refusal by an administrative agency to act on a petition or application. The petitioner requests the court to issue a writ that commands the agency to take the requested action. 2. Writ of Mandate: Similar to the Writ of Mandamus, this type of petition seeks to compel an administrative agency to fulfill its duty. It is often used interchangeably with the Writ of Mandamus and serves the same purpose. 3. Petition for Refusal of Administrative Agency to Act on Petition: This petition is filed when an administrative agency refuses to take any action on a pending petition or application. The petitioner seeks judicial intervention to review the agency's refusal and request the court to order the agency to perform its duty. It is essential to note that the specific requirements and procedures for filing these petitions may vary depending on the jurisdiction and the administrative agency involved. Consulting with a qualified attorney who specializes in administrative law in Maryland is highly recommended ensuring compliance with the applicable rules and to increase the chances of a successful petition.

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How to fill out Maryland Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?

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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.

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.

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.

In federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake.

Generally, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) §1094.5. The terms mandamus and mandate are synonymous.

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.

The first type of Writ of Mandamus orders an agency to correct a public record. This type is a conventional mandamus. For example, a writ of mandamus may order the Maryland Vehicle Administration to title a vehicle. The court can only order an agency to take actions that the agency official's job requires them to take.

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There is no form for filing a Petition for Writ of Mandamus. You may want to visit a law library to locate a sample of a Petition for a Writ of Mandamus. More information on the law libraries of Maryland can be found at mdcourts.gov/ccll. A petition for the second type of Writ of Mandamus requests the court to review an administrative agency's decision. This type is an administrative mandamus.Jun 27, 2023 — The Maryland Rules describe the procedure for filing a Petition for a Writ of Mandamus. An action for mandamus proceeds much like other civil ... An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the circuit clerk and serving it on ... Aug 21, 2023 — party shall attach to the petition, application or cross-application a copy of the agency order for ... $ 500 docket fee for a petition for writ ... agency fails to act on the application. c. The Action of the agency rejecting the application shall not be effective prior to 15 days after the notice of ... Feb 19, 2021 — This advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act ... Jan 3, 2022 — When the mandate or judgment in question is that of the. Supreme Court, application for the writ must, of course, be made to that Court.”). Town of South Hill 10/20/2022 In an appeal from the partial denial of a mandamus petition, turning on the scope of the Virginia Freedom of Information Act (“ ... The act of making a request for something, such as opening documents in a civil probate matter or Children's Court matter. Appointed Counsel. An attorney ...

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Maryland Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition