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Writ Of Mandamus

A writ of mandamus is a court order that commands a government official or lower court to perform a specific duty they are legally required to do.

What it actually is

It is an extraordinary remedy used when a party has no other adequate legal means to compel a public official or judge to act. In a case, it typically appears as a petition asking a higher court to order a lower court to take a particular action, such as ruling on a pending motion or exercising jurisdiction.

Why it matters in your case

If you are in a case and a judge or official is refusing or unreasonably delaying a required act, a writ of mandamus can force them to act. However, courts grant it only sparingly, usually when you have no other way to get relief and the duty is clear.

The common misunderstanding

A common mistake is thinking mandamus can force a judge to decide a case a certain way; it only compels them to perform a ministerial duty, not to exercise discretion in your favor. It is not an appeal or a substitute for an ordinary legal remedy.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.