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.
Texas Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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There are three main types of writs: writs of mandate (sometimes called ?mandamus?), writs of prohibition, and writs of review (sometimes called ?certiorari?).
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 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. A writ of mandamus is different from an appeal.
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 case's petition history is ?pet. ref'd? (also known as ?petition refused?) when the Texas Supreme Court has determined that the judgment of the court of appeals is correct and the legal principles contained therein are correct.
The supreme court and the courts of civil appeals have concurrent jurisdiction in certain areas. Both types of courts may issue writs of mandamus to protect their jurisdiction, order a district judge to pro- ceed with the trial of a cause, or issue a writ in an election proceeding.
There are several steps to filing a writ of mandamus, which include preparing a lawsuit, filing with the appropriate court, summoning and serving the defendants, and making copies of relevant paperwork among other things.
In Texas, a petition for writ of mandamus initiates an original appellate proceeding seeking review of a decision (e.g., by a lower court) when the party cannot immediately appeal (i.e., when there is no final judgment and when there is no applicable statute which would allow an interlocutory appeal).