How do I file a writ of mandamus in California?
To file a petition for a writ in the appellate division, you must bring or mail the original petition, including the supporting documents, and the proof of service to the clerk for the appellate division of the superior court that took the action or issued the ruling you are challenging.
What must a petition for a writ of mandamus state?
(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.
What is a writ of mandamus used for?
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.
What is a petition for writ of mandate California?
The writ of mandate is a type of extraordinary writ in the U.S. state of California. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private.
What is an alternative writ of mandamus?
An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2) directs the party to either perform a legally obligated action (or cease an activity) at some specified time or show cause before …
What is a petition for mandamus?
Mandamus has always been regarded as an extraordinary legal remedy granted by courts of appellate jurisdiction directed to some corporation, officer, or inferior court, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the writ is …
How do I file a petition for a writ of mandamus?
A writ petition seeking mandamus must be filed by a person in good faith and who has an interest in the performance of the duty by the public authority. The person seeking mandamus must have a legal right to do so and also must have demanded the performance of the duty and it is refused by the authority.
How do I file a petition for mandamus?
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the 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.
Who can file mandamus?
In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it.
What is mandamus petition?
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.
What is a mandamus petition?
What is mandamus PDF?
iii Mandamus is a Latin word which literally means a „command‟ or an „order‟. Thus, a writ of mandamus commands or orders or directs a person to whom it is addressed to. perform the public duty, which appertains to his office.