Legal Definitions - writ of mandate (mandamus)

A writ of mandate, also known by its Latin name mandamus, is a formal order issued by a court to compel a government official, public body, or lower court to perform a specific duty that they are legally required to carry out. This type of writ is typically sought when there is no other adequate legal remedy available to force the performance of a clear, non-discretionary legal obligation that has been refused or neglected.

Here are some examples to illustrate how a writ of mandate might be used:

• Example 1: Public Records Request

  Imagine a local citizen submits a valid request to their city council for public meeting minutes and financial records, as allowed by state open records laws. The city clerk, despite the clear legal requirement, repeatedly delays or refuses to provide these documents without a legitimate legal reason. The citizen could petition a court for a writ of mandate. If granted, the court would issue an order compelling the city clerk to release the requested public records immediately, as it is a clear legal duty.

• Example 2: Licensing Board Action

  Consider a state professional licensing board that has a legal obligation to issue a license to any applicant who meets all specified criteria and passes the required examination. An applicant successfully completes all requirements, but the board, for no legally justifiable reason, indefinitely postpones issuing the license. The applicant could seek a writ of mandate to compel the licensing board to perform its ministerial duty of issuing the license, as all conditions for its issuance have been met.

• Example 3: Lower Court Procedural Duty

  Suppose a trial court has a clear legal duty to hold a hearing on a specific type of motion within a certain timeframe, as mandated by procedural rules. A party files such a motion, but the judge repeatedly refuses to schedule the required hearing, effectively preventing the case from moving forward. The aggrieved party could petition a higher court for a writ of mandate. This writ would order the trial judge to perform their non-discretionary duty of holding the hearing, ensuring that the legal process is followed.