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.
Wyoming Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
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How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
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Do not file a writ of mandamus by yourself. At least consult with an attorney beforehand. Do not copy and paste various writs of mandamus ?samples? that are available on the Net. Make sure you and your attorney have reviewed the latest writ of mandamus cases in your jurisdiction to see how courts are treating them.
Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals.
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.
Mandamus at the Federal Level Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
How do you prepare a writ of mandamus? A writ of mandamus must include specific information, depending on where it is being filed. Generally, the writ must include the name of the petitioner, the specific details of the issue, and any supporting evidence or information.
(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.
A traditional writ of mandate is available to challenge an agency's failure to follow its legal obligation or ministerial duty. Unlike administrative mandate, traditional mandate cannot be used to review decisions that result from an adjudicatory process or an administrative hearing.
The All Writs Act, 28 U.S.C. § 1651(a), confers the power of mandamus on federal appellate courts.