Ohio Order - Writ of Habeas Corpus

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Multi-State
Control #:
US-00846
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Word; 
Rich Text
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This is a multi-state form covering the subject matter of the title.

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FAQ

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.

Habeas corpus ad faciendum et recipiendum (also called habeas corpus cum causa): a writ of a superior court to a custodian to return with the body being held by the order of a lower court "with reasons", for the purpose of "receiving" the decision of the superior court and of "doing" what it ordered.

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.

A writ of habeas corpus is a form of appeal used to free an individual from imprisonment if their imprisonment was unlawful.

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.

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.

Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station.

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Ohio Order - Writ of Habeas Corpus