Writ of Mandamus

If an individual has been waiting for the court to take action on a case, they may be able to get some action by filing a writ of mandamus. This Writ is a legal option that someone can use to command a government official or a lower court to perform a specific act that aligns with their official duty. A writ of mandamus can be sought when no other adequate legal remedy is available. A filer can typically use this option when a government official or lower court has refused or neglected to perform a duty that they are legally obligated to fulfill. The party filing a writ of mandamus must include the relief they are seeking, the issues they are presenting, the necessary facts, and why the writ is being issued.

The writ of mandamus compels the official or court to take necessary action. It ensures that government officials fulfill their legal obligations and responsibilities. A writ of mandamus is different from an appeal since appeals are requests for a higher court to review or overturn a previously issued decision on a matter. Instead, a writ of mandamus usually involves performing a ministerial duty, which is a duty that is clearly defined by law and that is not discretionary. Courts can also issue a writ of mandamus to compel the recipient to carry out a particular action.

What are the rules for obtaining a writ of mandamus?

Because a write of mandamus is considered an extraordinary measure to obtain action on a matter, filers should only use them as a remedy under certain conditions:

1. The party seeking the writ has a clear legal right to the performance of the specific duty sought
2. The defendant has a clear legal obligation to perform the act requested
3. The act is ministerial
4. No other remedy exists that might achieve the same result

To obtain a writ of mandamus, the party seeking the writ must demonstrate that they have a clear legal right to the performance of the duty and that no other legal option is available. They must also show that the duty is ministerial and that the government official or court has a clear duty to perform the act. The availability and requirements for obtaining a writ of mandamus can vary depending on the jurisdiction and the specific laws governing that court system.

As the rules and procedures for seeking a writ of mandamus can be complex, it is advisable to consult a qualified attorney for guidance in pursuing this legal remedy. At U.S. Immigration Law Counsel®, we have helped many clients obtain a writ of mandamus. If you have been waiting an extraordinary amount of time for action on a matter, we can advocate on your behalf.