Writ of Mandamus Format

WRIT OF MANDAMUS

Court:   County:

Case Number:

Petitioner Name:   Respondent Name:

RECITALS

WHEREAS, Petitioner is a person entitled to the performance of a clear ministerial duty by the Respondent and has exhausted all available adequate legal remedies and therefore seeks extraordinary relief by way of writ of mandamus;

WHEREAS, Respondent is an officer, board, tribunal, or public official who owes a nondiscretionary duty to Petitioner to perform a specific act required by statute, rule, or undisputed legal obligation and has refused or failed to perform that duty;

WHEREAS, no other plain, speedy, and adequate remedy at law exists to compel Respondent's performance and immediate relief is necessary to avoid irreparable harm to Petitioner;

NOW THEREFORE, Petitioner petitions this Court for issuance of a writ of mandamus directing Respondent to perform the ministerial duty described herein and for such other relief as the Court deems just and proper.

1. JURISDICTION AND VENUE

This Court has jurisdiction under the state constitution and statutes empowering the courts to issue extraordinary writs. Venue is proper in this Court because the matter concerns official action taken within the territorial jurisdiction of this Court or the acts omission complained of occurred within this County.

2. PARTIES

Petitioner: is a person or entity whose rights are directly affected by Respondent's failure to perform a ministerial duty.

Respondent: is charged with performing the ministerial act described in this petition.

3. STATEMENT OF FACTS

4. MINISTERIAL DUTY

Petitioner alleges that Respondent owes a ministerial duty to Petitioner to . The duty is ministerial because it is prescribed by statute, regulation, or an unambiguous legal obligation that affords no room for discretion.

5. CLEAR RIGHT TO RELIEF AND LACK OF ADEQUATE REMEDY

Petitioner contends there exists a clear, present right to have Respondent perform the ministerial duty described above. Petitioner has no adequate remedy at law because , and any delay will cause irreparable harm.

6. REQUEST FOR EMERGENCY RELIEF (IF APPLICABLE)

Petitioner requests that the Court consider emergency or expedited relief: Temporary Restraining Order    Preliminary Injunction

7. LEGAL GROUNDS

This petition is based upon the principles governing extraordinary writs, including but not limited to the conditions that: (a) the duty sought to be compelled is ministerial and non-discretionary; (b) Petitioner has a clear legal right to performance of that duty; and (c) Petitioner lacks an adequate alternative remedy. Petitioner relies on applicable statutes, rules, and controlling precedent to support this petition.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

1. Issue a writ of mandamus directing Respondent to immediately perform the ministerial duty described in this petition;
2. Issue any temporary or preliminary relief as necessary to preserve the status quo pending final resolution;
3. Award costs of suit and reasonable attorney's fees to the extent permitted by law; and
4. Grant such other and further relief as the Court deems just and proper.

9. NOTICE AND CONTACT FOR SERVICE

10. VERIFICATION

I, , declare under penalty of perjury under the laws of this state that the foregoing is true and correct based on my personal knowledge, and that this petition is filed in good faith.

Executed on at

11. CERTIFICATE OF SERVICE

I hereby certify that on I served a true and correct copy of this petition upon the parties listed below by the following method(s):

United States Mail Personal Service Fax Email

12. MISCELLANEOUS PROVISIONS

Governing Law: This petition and any order issued hereunder shall be governed by the laws of the state in which this Court sits. Any interpretation of duties and rights asserted herein shall be made consistent with controlling state statutes and jurisprudence.

Severability: If any provision of this petition is held invalid or unenforceable, the remainder of the petition shall remain in full force and effect to the greatest extent permitted by law.

Entire Agreement: This petition constitutes the complete statement of Petitioner’s claim for the relief requested herein and supersedes any prior written or oral representations by or between the parties as to the matters asserted herein.

Amendments and Waiver: Any amendment or waiver of a provision of this petition must be made in writing and signed by the party to be charged. No failure or delay by Petitioner in exercising any right shall operate as a waiver of that right.

Sign Now