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Petition or Application for Writ of Mandamus or Mandate for Refusal...

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

Name: Pennsylvania Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
Brand: US Legal Forms
Rating: 4.78 (420 reviews)

Category:

Civil Actions - Writs

State:

Multi-State

Control #:

US-01691BG

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Instant download

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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.

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FAQ

You are allowed to represent yourself in an writ proceeding in the appellate division. If you have any questions about the writ proceedings and about whether and how you should respond to a writ petition, however, you should consult an attorney. You must retain your own attorney if you want one.

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.

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.

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.

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.

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.

So it looks like the only difference is that mandamus is directed against a government official (which may be not a party to a proceeding?), while injunction is directed to a party of a proceeding.

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.

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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.”). 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 ...Sep 19, 2018 — The All Writs Act, 28 U.S.C. § 1651(a), confers the power of mandamus on federal appellate courts. LaBuy v. Howes Leather Co., supra ... Nov 1, 2022 — C. B. Mandamus Actions. In general, a mandamus action is used to compel administrative agencies to act. The Mandamus. Act, codified at 28 U.S.C. ... Jul 19, 2022 — Therefore, their emergency application must be denied and their petition for review must be dismissed with prejudice. ... Petition for Review ... Sep 21, 2017 — date a request for access is deemed denied, a requester or the agency may file a petition for review or other document as might be required ... Jul 17, 2012 — The Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq ... This Court ordered the agency to “act promptly” to cure the defects in the. 1962 · Cited by 11 — [2] Mandamus is an appropriate writ by which a ministerial act or duty will ... mandamus could not be properly denied without the application of the rule.79. The proper pleading form for a writ of mandate is a verified petition. Because ... A fillable form petition for injunctive or mandamus relief under the Act in a ... Most administrative agency decisions provide for some type of appeal. Do not file to request a mandamus if there is another way to appeal the agency decision.

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

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Can you file writ of mandamus by yourself?

What is a writ of mandamus in simple terms?

What is the difference between writ of mandate and writ of prohibition?

What types of situations require the issuance of a writ of mandamus?

What is the difference between a writ of mandate and a writ of mandamus?

What is a petition for writ of administrative mandamus?

What is the difference between injunction and writ of mandamus?

What is the meaning of writ of mandate?

Interesting Questions

What is a Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition?

When can I file a Petition or Application for Writ of Mandamus or Mandate?

What does it mean to 'petition' an administrative agency?

What does it mean for an administrative agency to 'refuse to act' on a petition?

Why would an administrative agency refuse to act on a petition?

What is a Writ of Mandamus or Mandate?

What legal standards must I meet to obtain a Writ of Mandamus or Mandate?

Can I file a Petition or Application for Writ of Mandamus or Mandate without an attorney?

How long does it take for a court to decide on a Petition or Application for Writ of Mandamus or Mandate?

What happens if the court grants the Writ of Mandamus or Mandate?

What happens if the court denies the Petition or Application for Writ of Mandamus or Mandate?

Can I seek compensation or damages through a Petition or Application for Writ of Mandamus or Mandate?

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