Have you been waiting for the court to rule on a motion for an unreasonable amount of time or do you need information released that is subject to public disclosure? These are extreme cases in which a writ of mandamus may be used. This is a rare legal order but one that is sometimes needed in extraordinary circumstances.
To better understand this situation, here is more information on what writ of mandamus is and when you might need an attorney to help you navigate this complicated process. Keep in mind that Jessica Arena Law handles writ of mandamus law if you need assistance.
What is a Writ of Mandamus?
A writ of mandamus is an order issued by the court to a lower agency or government official that compels them to perform a duty they are legally obligated to perform. This is usually a last chance scenario in which there is no other legal recourse to pursue. The writ is used to make an agency or official who has failed to act or who has not acted in the proper way act accordingly. It can be used to compel the release of public records, to make a lower court act on a motion or case, to correct the abuse of discretion by a lower court, or to make a government agency complete a task or process an application.
What are Some Examples of When a Writ of Mandamus is Used?
To better understand what a writ of mandamus is, here are some examples of when it would be used:
- To make the Department of Corrections award credit for time served.
- To make a lower court enforce the judgment of an appellate court.
- To force the release of records if a public records request is not being honored.
- To compel a public defender or court-appointed lawyer to provide necessary information to a client.
- To compel the issuance of a building permit the petitioner meets all the requirements for if the government official has no discretion to deny it.
For more examples if when a writ of mandamus is used, you can ask an attorney. Jessica Arena Law handles writ of mandamus law and can help you understand your options.
When to Call a Writ of Mandamus Attorney
A writ of mandamus is rare, but some cases when you may need one include when your case has been pending for an excessive amount of time, you’ve exhausted all other remedies, the agency in question has a clear duty to act, and the delay is causing you significant harm.
Jessica Arena Law Handles Writ of Mandamus Law
Writ of mandamus cases are usually complex and not something you can handle on your own. Jessica Arena Law handles writ of mandamus law and can help prepare your case, provide defense against the government or other agencies, and increase your chances of success. With the right lawyer by your side, you can get things moving again in your important court case or application and get a decision made so you can move on with your life.